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<br /> <br />execution of this Agreement, Aggregate agrees to submit any and <br />all plans for such modifications or alteratlons to Thomton for <br />Thomton's review and comment. Aggregate shall also notify any <br />other permitting authority or entlty having jurisdiction and will seek <br />amendments to the Permits if required or requested. In such an <br />event, Aggregate shall discuss with Thornton the incorporation into <br />the modifications or alterations those changes which Thomton <br />determines may benefit Thomton in the operation of the Property, <br />and thereupon the parties shall cooperate with each other and <br />negotiate in good faith in an effort to incorporate such changes upon <br />mutually agreeable terms. Notwithstanding the above, in no event <br />shall any of Aggregate's modifications, alterations or the <br />construction of such modifications or alterations have an adverse <br />Impact on Thomton's use of the Reservoir without Aggregate first <br />obtaining Thomton's written approval, which shall not be <br />unreasonably withheld. If Aggregate is successful in obtaining the <br />approval of the SEO of the jurisdictional dam, and upon the SEO <br />issuing a final permit and approval of the jurisdictional dam within <br />the two year period, the parties will recalculate the Usable Water <br />Storage Capacity using as the Normal Maximum Water Surface the <br />elevation above sea level which is the highest water elevation <br />approved by the SEO for the storage of water behind the dam. <br />Within fourteen (14) days after the parties have agreed to the <br />recalculated Water Storage Capacity, Thomton will make a <br />supplemental payment to Aggregate in immediately available funds <br />calculated in the manner described in Paragraph 6 of this <br />Agreement. <br />ii. Alternatively, if the SEO determines there is no jurisdictional dam on <br />the Property, the parties will accept that determination in calculating <br />Usable Water Storage Capacity for purposes of determining the <br />Purchase Price pursuant to Paragraph 6 of this Agreement. <br />h. Aggregate shall provide to Thomton a copy of all surveys; construction <br />plans; and, SEO approvals, permits or correspondence relating to the <br />Property. In addition, Aggregate shall continue to provide copies of such <br />approvals, correspondence, amendments, revisions, appeals, changes, or <br />any other written material relating to the surveys, construction plans, or <br />SEO approvals, or permits after that date until the Closing. <br />North Dahlia <br />Purchase Agreement <br />December 11, 2000 <br />Page 7 of 22 <br />