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<br /> <br />reclaimed condition, under the terms and conditions of <br />applicable mining and reclamation laws and regulations. <br />Upon completion of drilling activities, the roads and drill <br />pads will be reclaimed also under the terms and conditions <br />of applicable mining and reclamation laws. <br />3. Grantee will access the drill sites for the tecm required <br />by the mining and reclamation plan or five years, whichever <br />----- <br />is greater, for the purpose of performing hydrologic <br />monitoring activities, at the end of which time Grantee <br />shall file of record a release of this access agreement. <br />4. This agreement is separate from. and shall not interfere <br />with the previous consent agreement between the parties <br />affecting the Premises. <br />5. The above right-of-way shall be additionally subject to the <br />following conditions: <br />a. The actual roadway surface shall be no more than 16 <br />feet in width except on curves. <br />b. Gates maintained by Grantor and related to said right- <br />of-way, shall be maintained by the Grantee open or <br />closed as requested by the Grantor. <br />c. Grantee and its successors or assigns shall bear the <br />full costs of any improvements to the roadway which <br />are deemed solely necessary for Grantee's use. <br />6. Grantee shall indemnify, save and hold Grantor, its <br />affiliated companies, its successors and assigns, officers, <br />directors, employees and agents (collectively the <br />"Indemnitees"), harmless against and from all liability and <br />loss by reason of any injury (including death) sustained by <br />or any damage to the property of any persons (including <br />