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t AGREEMCNT • WHEREAS, there are situated on properties owned or controlled by . GEC Minerals, Inc. ("GEC"), located in Fremont County, Colorado, one old abandoned surface mining pit, which is sometimes commonly referred to as the Prospecting Pit and its Diversion Ditches, and which are to be reclaimed by GEC; and WHEREAS, Dorchester ("D"), which designation shall include both D and its.successors in interest and assigns, if any, is currently pro- ducing an excess amount of Washing Plant waste material at its Colomine Mine which is situated on lands in Fremont County near the aforesaid properties of GEC; and WHEREAS, GEC desires that D deposit Washing 'Plant waste produced -~ at its Colomine Mine in the Prospecting Pit and the related ditches, and D desires to deposit, at its sole discretion, such waste material, if any, produced at its Col~omi~ne- Mine in the aforesaid pit, and the Mined Land Reclamation Board of the State of Colorado has determined that the environmental integrity of the aforementioned lands and properties would be enhanced by such activities; NOW, THEREAFTER, in consideration of the premises and the mutual promises, covenants and agreements herein set forth the parties hereto agree as follows: D (which shall include its successors ,;~ i:tarest, if any) is authorized to enter lands described on Ea.hibit "A" attached, outlined jn red, which GEC states are owned or controlled by GEC, to dispose of wash- ing plant waste materials,. if any, which is produced as a by-product. of 1'j, ;~„ ~ the coal mining operations at the Co~omrne- Mine, in old abandoned sur- face mining pit referred to as the Prospecting Pit and the related ditches, which are situated on the above described GEC lands. Ttie aforesaid pits are specifically marked on Exhibit "A". GEC has represented that it has all right, title, interest and authority to permit D to so dispose of that washing plant waste material, and warrants and will defent D's right to do so . D, in the exercise of its rights under this agreement, will utilize currently existing roads, including, but not limited to GEC's main haul road which connects County Road 15 with County Road 92 to transport the "waste material" across GEC lands. D, at its sole discretion, and with- out any obligation, may mainta in access roads ire the area of the surface mining pit in which waste material will be disposed of. The volume of material D will be allowed to dispose of on GEC lands wilt be limited to thg current capacity of the Prospecting Pit and its diversion ditches which GEC represents is to be filled to an elevation ± four (4) feet below the planned reclamation surface contour, which is depicted on Exhibit "B" affixed.