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• necessary to complete reclamation for the time period and under the <br />conditions provided herein, provided, however, that in doing so Bear will <br />not hinder Oxbow's use of its Surface Property or the Bridge. <br />AGREEMENTS <br />NOW, THEREFORE, for and in consideration of their respective rights and <br />obligations under this Agreement the sufficiency of which is hereby acknowledged, the <br />parties agree as follows: <br />I• <br />1. Oxbow hereby conveys and quitclaims to Bear: (a) the non-exclusive right <br />of direct and immediate access in, over and through the Bridge and the <br />Surface Property, and (b) the non-exclusive right to use the Surface <br />Property, and the 60-foot wide road right-of-way which crosses the <br />Subject Property in a reasonable fashion; all for the sole purpose of <br />performing Bear's reclamation and monitoring obligations under the <br />Permit, the Act and the regulations implementing the Act, as such <br />obligations now exist and may later be modified. Without limitation, the <br />rights hereby granted include the right to perform all reclamation and <br />monitoring activities which are specified in the Permit or that may <br />otherwise be required by the DMG or other governmental agencies which <br />have or may subsequently obtain jurisdiction over such activities, including <br />the right to bring all equipment, supplies and personnel onto the Surface <br />Property which may be necessary or convenient to perform such <br />reclamation and monitoring activities. <br />2. In conducting operations on and in accessing the Surtace Property, Bear <br />shall use existing roads, gates, facilities and improvements whenever <br />practical, and shall, subject to prior written notice being given to Oxbow, <br />have the right to construct and use new facilities and improvements as <br />may be required by the Permit for its reclamation and monitoring <br />obligations. Bear agrees that it shall raze the frame dwelling currently <br />used as a mine office by Bear located on the Subject Property, and all <br />building contents, foundations, debris, rubbish, windblown debris, <br />containers, tanks, tires, scrap metal and related materials shall be <br />removed from the Subject Property. In addition, Bear shall remove the <br />single power pole light located near the frame dwelling, including <br />associated hardware and transformer. If Bear so elects, Oxbow agrees <br />that the razed dwelling materials may be buried by Bear in a pond on the <br />Subject Property which is to be backfilled provided that: (a) all hazardous <br />wastes and the electrical transformer are removed completely from the <br />Subject Property and properly disposed of and (b) the building debris is <br />covered by at least three feet of earthen materials. Upon expiration and/or <br />termination of this Agreement, Bear promptly shall remove all of its <br />equipment and materials from the Surface Property and adjacent lands. <br />2 <br />gI019733 v5 <br />