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6. Rights of Owner. It is agreed and understood that Owner shall, of all times during the term <br />of this Agreement, have the use of any and all parts of the above-described real property for any and all <br />purposes except the production and removal of gravel, except those portions actually being occupied and <br />used by Licensee for the production and removal of gravel as provided in this Agreement. Licensee, <br />however, shall have the right of ingress and egress to and from the above-described real property. Owner <br />shall have the right to get gravel for owner's personal use at owner's expense, but shall not have the right <br />to sell gravel to any other except if sold in conjunction with Licensee. <br />7. Construction of Fences. Owner and Licensee agree to work together to construct and <br />maintain a good and sufficient fence around the gravel production areas and to equally share the expense <br />of all fencing materials and labor at the direction of the Owner and upon the request of the Owner. At <br />discretion of the Owner, fences may or may not be required. <br />8. Exclusive Nature of Agreement. Owner agrees to not enter into any other agreement with a <br />competing company for the extraction of rock, gravel, sand or road base material during the term of this <br />agreement within this Township and Range of Logan County Colorado or in any adjoining Township and <br />Range. A competing company for this purpose shall not include Logan County, therefore this agreement is <br />not intended to restrict the Owner from entering into a similar agreement with Logan County. <br />9. Licensee Oblistations on Termination. Licensee agrees to pay for fifty percent 50% of the <br />cost of permitting and to provide reasonable time and effort toward the permitting process. Licensee <br />agrees to pay fifty percent (50%) of any fees required by the State of Colorado and / or Logan County to <br />maintain gravel permit license in good and current status during the term of this agreement. Licensee agrees <br />to pay Owner fifty percent (50%) of amount agreed upon as a reasonable estimate of the cost to close and <br />reclaim the gravel pit upon termination of this agreement. (See Exhibit A: Reclamation Cott Estimate) The <br />amount as detailed in "Exhibit A", $ 4,020.00 X 50% = 2 010.00 shall be paid by Licensee to Owner <br />within 30 days of termination of this agreement. Upon receipt of this agreed upon amount, responsibility <br />for reclaiming the pit shall revert to the Owner. <br />10. Owner Oblis!ations on Termination. Owner agrees to pay for 50% of the cost of permitting <br />and to provide reasonable time and effort toward the permitting process. Owner agrees upon receipt of <br />fifty percent (50%) of the agreed upon estimated cost of reclaiming the gravel pit area, to be responsible <br />for ali reclamation work at Owner's expense. Owner understands that Owner will be responsible to meet <br />the requirements of the State of Colorado in order to have the funds or bond (held by the State of <br />Colorado Mining & Geological Department), released or returned to the Owner and that after termination <br />of this agreement, Owner shall be responsible for any required payments to the State of Colorado to <br />maintain the status of the gravel permit. Any funds being held by the State of Colorado and released upon <br />the gravel pit area being reclaimed shall be 100% the property of the Owner and the Licensee shall not be <br />entitled to any portion of those funds. <br />11. Binding Effect. This Agreement shall be binding upon the heirs, executors, administrators, or <br />assigns of the Owner and upon the successors or assigns of Licensee. <br />12. Entire Agreement. This Agreement shall constitute the entire agreement between the parties <br />and any prior understanding or representation of any kind preceding the date of this Agreement shall not <br />be binding upon either party except to the extent incorporated in this Agreement. <br />13. Attorney Fees. In the event that any action is filed in relation to this Agreement, the <br />unsuccessful party in the action shall pay to the successful party, in addition to all other sums which either <br />party may be called on to pay, a reasonable sum for the successful party's attorney's fees. <br />14. Not Assignable. This Agreement shall not be assignable by Licensee without Owner's prior <br />written consent. <br />-2- <br />