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Partial Assignment and Consent Agreement <br />D & S Mining, IncJCity of Thornton <br />Page 2 <br />AGREEMENT <br />NOW THEREFORE, in consideration of the covenants and agreements contained herein <br />and referenced above and other good and valuable consideration, the receipt and adequacy of <br />which aze hereby acknowledged, the parties hereto agree as follows: <br />1. D & S hereby makes a partial assignment to Thornton of all of its right, title and <br />interest in the Lease Agreement of August 15, 1996 as amended on April 20, 1998, subject to the <br />following reservations: <br />a. This partial assignment relates only to the approximate 168 acres in the Southeast <br />Quarter of Section 12 and does not relate to the approximate 40-acre pazcel in the <br />Northeast Quarter of the Northwest Quarter of the same Section 12. <br />b. D & S will continue to receive all rentals and royalty payments under that Lease <br />Agreement and will continue to have the obligation to return or refund any of said <br />rentals or royalty payments in accordance with that agreement. <br />c. D & S shall continue to have the obligation to provide the use of the .45 shaze of <br />the Brighton Ditch Compaay water for the term of the Mining Lease. <br />2. Thornton accepts this partial assignment on the terms and conditions set forth <br />above. Thornton acknowledges that the extent or manner of sand and gravel mining operations is <br />to be determined by Tenant, subject to the terms and condition of the Leases. <br />