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<br />for any assessments, real estate taxes or personal property taxes due or claimed by such Treasurer <br />relating to the Property. <br />Conditions Precedent to Conveyance <br />13. Compliance with Permits. Aggregate covenants that it will comply with the terms <br />of the Permits, as amended, during the term of this Agreement. <br />14. Mining Activities. The parties agree to the following requirements and specifications, <br />which are likely to be undertaken during the course of Aggregate's mining activities: <br />General Requirements and Specifications. <br />Upon or before the execution of this Agreement, Aggregate shall <br />provide to Thornton a copy of all surveys, construction plans, SEO <br />approvals, permits or correspondence relating to the Property. In <br />addition, Aggregate shall continue to provide copies of such <br />approvals, correspondence, amendments, revisions, appeals, <br />changes, or any other material relating to the surveys, construction <br />plans, the Mining Plan, SEO approvals, or Permits until the Closing. <br />ii. Aggregate shall mine the Property so that the bottom of the <br />Reservoir is graded so that water drains to the eastern edge of the <br />Reservoir and that the lowest point of the Reservoir is located along <br />the South Platte River within two hundred (200) feet of the toe of <br />the interior side slopes at the northeast comer of the Reservoir. <br />iii. If the Property is mined as separate cells the resulting Reservoir <br />shall be interconnected at Aggregate's expense so that the cells shall <br />function as a single Reservoir. <br />iv. Thornton shall have the option, at its expense, of having surveys of <br />the Property conducted by its agents, representatives and <br />contractors. <br />v. The parties shall provide each other with copies of whatever surveys <br />are obtained without charge. <br />vi. Aggregate shall give Thornton notification of the completion of the <br />Reservoir at least one year prior to the expected date of completion. <br />Hammer <br />Option & Purchase Agreement <br />December 11, 2000 <br />Page 6 of 29 <br />