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JUL-23-2004 17 52 LRFRRGE RGG SRLES 3036574053 P.03iE16 ARTICLE III CONSIDERATION 3 The parties agree that in exchange for the Hauler depositing clean fill as defined in Section 1-1 of this Agreement at Company's site located at ~ v. (lu.,~. Colorado, Company will accept and allow deposit gf such clean fill at the location specified herein without any charge. ARTICLE IV REPRESENTATIONS AND `NARRANTIES 4.1 Hauler represents and warrants that the clean fill to be transported and deposited pursuant to this Agreement shall not have been mixed with any hazardous wastes as defined in 40 C.F.R. Part 2b1, PCBs as defined in 40 C.r'.R. Part 70~, or other hazardous substances and shall consist exclusively of clean fill, as defined in Article I of this Agreement. 4.2 Hauier represents and warrants that it is aware of, understands, `.vill conform to and operate in accordance with all applicable federal, state and local laws and regulations pertaining to clean fill transport and deposit, inclutling but not limited to [he federal Resource Conservation Recovery Act, Department of Transportation requirements, Mine Safety and Health Act, and Occupational Safety and Health Act. ARTICLE V ASSIGNMENTS P.ND SUBCONTRACTING 5.1 This Agreement is personal in character and may not be assigned by Hauler, sither voluntarily, invoiuntariiy or by operation of law, without the prior written consent of Company, which shall not ba unreasonably withheld. Any attempt to assign this Agreement without such consent shall be null and void and of no e"ect. 5,2 No approval by Company of any such subcontractor or subcontract shall relieve Hauler from any of Hauler's obligations to Company under this Agreement- Hauler shall be and remain liable as if no such subcontract has been approved by Company. No subcontract shall create a contractual relationship between Company and any subcontractor, nor shall it create any obligations on the part of the Company. each approved subcontract shall contaln provisions that specifically bind such subcontractor to the applicable terms and provisions of this Agreement and shall also contain provisions permitting assignment thereof to Company. AR I ICLC VI TrRA~ 6.1 The term of this Agreement shall commence on the date first above written and shall continue until mutually concluded by the parties, This Agreement will be automatically renewed on an annual basis unless written notice of termination is oiven. In the event of an automatic renewal, the same terms and conditions contained herel~h~pply except that the parties reserve the right to renegotiate the price set forth in Sec[ionAd"' $,) 6.2 Either pally sha!I have the right to terminate this Agreement at any time, with or without cause and for any reason, by giving the other part' not less than thirty (30) calendar days prior written notice, 6.3 ~ Termination of this Agreement shall not affect the rights, privileges, duties, liabilities, or obligations of either Company or Hauler that arose or accrued prior to the date of termination.