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* • • <br />:• <br /> <br />in which gob will be disposed of. In addition, and at its sole discretion, <br />but without any obligation, H-P may construct temporary haul roads in the area <br />where gob will be disposed of to facilitate access and placement of the gob <br />material. <br />The vol~ane of material H-P will he allowed to dispose of on GEC <br />lands will be limited to the current capacity of the "Orphan" and "North <br />Orphan" pits which GEC represents is <br />and <br />as to each pit respectively, when each is filled to an elevation + four (4) <br />feet below the planned reclamation surface contour, which is depicted on <br />Exhibit "B" affixed. <br />H-P is also authorized by GEC, consistent with the terms <br />aforementioned, to dispose of excess nontoxic overburden material in the <br />"Orphan" and "North Orphan" pits which might be produced from operations at <br />the Newlin Creek Mine. The authorization to deposit gob and excess nontoxic <br />overburden material in said pits however, will not in any way be construed by <br />GEC to mean that H-P has or will at any .time during the terms of this <br />agreement have available for deposit in the "Orphan" andJor "North Orphan" <br />pits gob and/or nontoxic overburden and/or any responsibility whatsoever to <br />deposit gob and/or nontoxic overburden in either the "Orphan" and/or "North <br />Orphan" pits. <br />H-P, in the exercise of its rights under this agreement, will <br />exercise its reasonable best effort not to materially interfere with GEC <br />mining program. <br />H-P understands and agrees that during the term of this agreement <br />GEC may be required to dispose of gob and/or nontoxic overburden produced from <br />its operations on the aforesaid properties in the Orphan and North Orphan pits <br />and that GFG retains the right to so deposit the same. <br />H-P agrees that it will not transport and deposit gob or nontoxic <br />overburden in the "Orphan" and "North Orphan" pits that is generated by any <br />operation or anticipated operation of H-P other than the Newlin Creek Mine. <br />The term of this. agreement shall extend for a period of five (5) <br />years from and after its commencement date, and shall be subject to renewal <br />upon terms and conditions mutually acceptalbe to the parties. If for any <br />reason whatsoever, H-P determines, at its sole discretion, that it will not <br />further backfill the "Orphan" and/or "North Orphan" pits during the five (5) <br />-2- <br />