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Attached to Doc. # 102100 AGREEMENT This agreement is made by and between Cemex Inc. (Applicant) and Public Service Company of Colorado (PSCo), 550 15Y Street, Suite 700, Denver Colorado 80202. Public Service Company of Colorado owns electric and/or gas transmission and/or distribution utility facilities and associated appurtenances located on a portion of the following described pro~erty: Section 9, 10, 15, 16, 21, 22 and 28, Township 3 North, Range 70 West, 6~ P.M., Boulder, Colorado. Applicant proposes conducting mining activities on or near the property on which the PSCo facilities referenced above are located, and has or will apply to the Colorado Division of Minerals and Geology for a Construction Materials.Regular 112 Operation Reclamation Permit. The Construction Material Rules and Regulations of the Colorado Mined Land Reclamation Board require the Applicant to provide a notarized agreement between the Applicant and the person(s) having an interest in significant or permanent man-made structures located within two hundred (200) feet of the affected land, stating that the Applicant agrees to provide compensation for any damage to said structures. Therefore, Applicant agrees to assume responsibility and to pay for any damage to PSCo or PSCo's facilities resulting from its mining operations. In addition, Applicant is responsible for all costs associated with the relocation of any PSCo facilities necessary to accommodate the mining operation. Applicant agrees to separately enter into a License Agreement with PSCo for any work to be performed on any PSCo property or within any easement held by PSCo, including the use of any roads crossing any such property or easement. This Agreement shall not be construed to limit the rights or remedies available to PSCo. In witness whereof, the parties sign and accept this agreement on the day of ©t'~'~'4-~- 2004. 1 of 2