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Excluded Property (the "Denver Obligations"). .The Denver Obligations include the obligation to install the slope lining and all other lining of the pit to be donstructed on.the Denver Property as required by the Mining Permit. Denver hereby accepts and assumes al] of the foregoing Assumod Obligations delegated and. assigned to it, at]d understands that title to the Denver Property will be conveyed by Sellers subject to its Assumed Obligatiots, The allocation of the various obligations under the Contract and, the Mining Lease among the Purchasers is solely for the benefit o£ the Parties, and does not modify or limit any obligations of the Tenant under the Mining Lease, and specifically the reclamation obligations of the Tenant under the Mining Lease. 3. Bromley Retained Rights. Bromley retains ail of the rights under the Contract (the "Bromlev Retainod Rights") which have not been specifically assigned to either Denver ar FRICO as the Assigned Rights. The Bromleyltetained Rights include: (a} .The right to purchase the portion of the Property d~scribedrn Exhibit D to this Assignment (tile "Bromlev Prooerty"), and the following rights relating to the Bromley Property (the "Other Bromlev Pronerty"): the Petmits, the Property Docnments and the Mining Lease; (b) All of the minerals and the right to extract the minerals underlying the Property (subject to the Mining Lease); (c) All of the royalties payable under the Mining Lease and all oil and gas royalties, if any, relating to the Property; (d) All of the overburden and other Uneconomical Materials wlrich Lessor has the right to retain tinder the Mining Leaso; and (e) All tights to enter upon the Property in order to fulfill the Bromley Retained Obligations, including Bromley's reclamation obligations, ender the Permits, 4, . Bromley Retained Obligations. Bromley shall remain obligated far. all of the obligations of Purchaser under the Contract (the "Bromlev Retained Obligations") other Shan the Assigned Obligations. The Bmmley Retained Obligations include: (a) • The obligation to pay Bromley's Proportionate Share of the 1]eposit, Srlpplemental Deposit and Pue•chase Price, as and when duo under the Conhact (as modified by this Assigmment), and the obligations of Parchaser. tinder the Conh'act with respect to the following matters, but only to the extent they relate to the Bromley Property or Other Bromley Property: the Mining Lease, the Property Documents, and any obligations owed to the Sellers under the Contract, including those obligations arising by reason of Bromley's default under the Contract; (b) The obligation to remove all overburden and other Uneconomic Materials as provided in the Mitring Lease; and •t0090G1 a817) - 3 -