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07/14/99 WED 14:52 FAE 303 452 4515 ADCO/CHEROKEE/BAYER
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<br />disturbed or destroyed during the construction, maintenance, operation, repair, inspection, removal,
<br />replacement, or relocation of said facilities.
<br />facility.
<br />(16) A copy of this license shall be on the Properly at all times during construction of the licensed
<br />(17) Upon the abandonment of the use of the Property by the Licensee, the license herein granted
<br />shall terminate. Upon termination, the Licensee shall remove the licensed facility from the Property, and shall
<br />restore the Property to the Property's condition prior to this license taking effect. Removal of the licensed
<br />facility shall be performed under the same terms and Conditions as the construction of the licensed facility. If
<br />the Licensee should fail to remove the licensed facility and restore the Properly, the Licensor may remove the
<br />at the expense of the Licenseel Licensor acknowledges that~slury wall
<br />remain on the Property, and agrees that Licensee shall not be required to
<br />remove the slurry wall.
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<br />(18) The Licensee further agrees to provide, keep in full force and effect, and require of its
<br />conVactors or subcontractors, Workers' Compensation insurance pursuant to the laws of Colorado on all
<br />employees entering upon the Property.
<br />(19) This license is not transferable or assignable without the express written permission of the
<br />Licensor.
<br />(20) The Licensee shall bear the sole obligation of obtaining such other authority or rights as the
<br />Licensee may need in addition to the rights provided in this license for the construction of the licensed facility
<br />and use of the Property.
<br />(21) Except with the express written permission of the Licensor, the Licensee shall not bring onto
<br />the Property, or permit to be brought onto the Property, any hazardous or toxic substance or material
<br />(including petroleum) regulated by the State of Colorado, the United States government, or any other
<br />government authority with applicable jurisdiction ("Hazardous Materials"). In the event the Licensee brings
<br />Hazardous Materials onto the Property (with or without permission of the Licensor), the Licensee shall
<br />comply with all applicable laws, ordinances, and regulations of federal, state, and local governmental
<br />agencies related to such Hazardous Materials. The Licensee shall remove such Hazardous Materials from
<br />the Property immediately upon request of the Licensor. The Licensee shall bear al! costs related to
<br />environmental investigation, cleanup, removal, or restoration of any water, air, groundwater, natural
<br />resources, soil, or land, including, but not limited to, the Properly, incurted as a result of the presence of such
<br />Hazardous Materials on the Property, or arising out of the acts or omissions of the Licensee, its agents,
<br />sublessees, invitees, or employees.
<br />(22) This license may be executed in two original counterparts, each of which shall be deemed an
<br />original of this instrument.
<br />(23) Additional Provisions:
<br />(a) A slurry well shall be constructed 50' west of structure 78, and a slurry wall shall
<br />be constructed 150' east of structure 74 on the Cherokee-Ft. Lupton 230kV line. The 2'
<br />wide slurry wall is to be excavated using a backhoe and left open for 2 weeks until the
<br />trench is filled with bentonite.
<br />(bl Access onto the right-of-way west of the Platte Aiver shall be from McKay Road
<br />from the west, and access onto the right-of-way east of the Platte River shall be from 104"'
<br />Ave. from the north. CAMAS Colorado, Inc. shall ensure all the transmission structures will
<br />be accessible during and after the slurry wall installation.
<br />Icl The Licensor shall not be resposible for damage to the slurry wall during normal
<br />operations and maintenance.
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