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6-20-1999 11:42AM FROM ADCO/BAYER/CHEROKEE 303 452 d515 <br />• • <br />disturbed or destroyed during the construction, maintenance, operation, repair, inspection, removal, <br />replacement, or relocation of said facilities. <br />(16) A copy of this license shall be on the Property at all times during construction of the licensed <br />facility. <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 shalt remove the licensed facility from the Property, and shall <br />restore the Properly to the Property's condition prior to this license taking effect. Removal of the licensed <br />facility shalt 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 Property, the Licensor may remove the <br />same and restore the Property at the expense of the Licensee. <br />(18) The Licensee further agrees to provide, keep in full force and effect, and require of its <br />contractors or subconVactors, 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 obliga~on 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 Properly immediately upon request of the Licensor. The Licensee shall bear all 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 Property, incurred 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 iwo original counterparts, each of which shall be deemed an <br />original of this instrument. <br />(23) Additional Provisions: <br />(a) A slurry wall shall be constructed 50' west of structure 78, and a slurry wall shall <br />be constructed 150' east of structure 74 on the Cherokee-Fi. 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 />Ib) 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. <br />Idl Camas Colorado, Inc. shall pay 5500.00 to Public Service Company for each slurry <br />wall constructed. <br />P. 4 <br />4of5 <br />