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crushed gravel retained by Cottonwood shall be determined by truck counts as the crushed gravel is <br />removed from the stockpile according to the following: end dump trucks will be deemed to carry 10 <br />cubic yards and belly dump trucks will be deemed to carry 20 cubic yards carless manufacturer's <br />specifications for the vehicle indicate a different capacity, in which case the specified load capacity <br />shall be used. Cottonwood shall be responsible for loading its crushed gravel for any transport <br />required for its use. <br />b. The quantity of Materials removed by County shall be determined by truck counts as the <br />Materials are removed from the stockpile according to the following: end dump trucks will be <br />deemed to carry 10 cubic yards and belly dump truck will be deemed to carry 20 cubic yards mrless <br />manufacturer's specifications for the vehicle indicate a different capacity, in which case the <br />specified load capacity shall be used. <br />c. County shall be responsible for keeping written documentation of the quantity of <br />Materials stockpiled and removed by County. County shall provide Cottonwood with a written <br />report summarizing the amounts of grave] stockpiled and gravel removed on a monthly basis. <br />Cottonwood shall provide County with a written report of any crushed gravel it has used on a <br />monthly basis. Cottonwood shall be responsible for keeping written documentation of the quantity <br />of crushed gravel retained by Cottonwood. Either party shall have access at reasonable times to <br />inspect the other party's documentation to verify the quantity of Materials stockpiled and removed. <br />In the event that either party objects to the calculation of Materials stockpiled and removed, a <br />calculation of the amount of remaining Materials shall be made by a third person agreed upon by <br />County and Cottonwood, which determination shall be deemed accurate. <br />d. Tn, addition, County agrees to install a bazbed wire fence around the perimeter of the <br />mine site. Purchase, installation and maintenance of the fence shall be at no cost to Cottonwood. <br />5. Surface Rights of County. County shall have the right to use existing roads on the <br />Premises. County shall also have the right to build such other roads as may be necessary for the <br />production and removal of the Materials and to use other mitring locations on the Premises upon <br />prior approval from Cottonwood. Such approval shall not be unreasonably withheld. Tn building <br />such roads, County may use Materials from the leased azea, but Materials used in building such <br />roads shall not be included in calculating the cubic yards due to Cottonwood. County shall have the <br />right to use the rest of the surface of the Premises only to the extent reasonably necessary for <br />Comity's operations on the Premises as allowed by this Agreement. County shall maintain and <br />keep open and unobstructed the access roads to the Premises at all times while County is engaged in <br />actual use of the Premises. <br />County shall have anon-exclusive right of ingress and egress over the Premises to carry out <br />the objectives of this Agreement. <br />County shall not permit, use or allow to be used any remainder of the Premises for any <br />activity unrelated to County's operations as provided herein. <br />6. Right of Assietrment. County shall not assign this Agreement without the prior <br />written consent of Cottonwood. Cottonwood shall not assign this Agreement without the prior <br />written consent of County, which consent shall not be unreasonably withheld. <br />2 <br />