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gJ Rio B1anC0 COUriIy October 12, 2004 Page 2 to any item identified in Paragraph 1(a) or 1(b), irrespective of by whom, how, when, or under which statute, regulation, or provision such amount is assessed or collected. 2. Placement, installation and design and operation of the Project shall be in full conformance with all applicable laws, ordinances, licenses, permits, codes, and governmental requirements. All persons working on the Project shall at all times be fully insured under applicable workers compensation or similar programs. 3. Without limiting or waiving any provision of this Letter, the location and physical description of the Project shall be substantially as set forth in the attached correspondence dated May 28, 2004. 4. Placement, construction, and operation of the Project shall not damage any existing improvement, pole structure, transmission line, railway, or railway bed (collectively, the "Deseret Assets") or disrupt in any manner the operations of Deseret and/or its subsidiary in its use of any Deseret Assets. 5. Rio Blanco County Road and Bridge shall perform all installation and construction work in a manner not inconsistent with the rights of any employee under any collective bazgaining agreement pertaining to Deseret, any of Deseret's affiliates, or its operations. 6. Deseret, and/or its subsidiary Blue Mountain Energy, Inc. may make any and all improvements, repairs, modifications, and adjustments in and to any property, improvements, installations, or facilities lying in any portion of the Project, irrespective of the effect on the Project, and Deseret is hereby granted access in, on, and to the Project to make such repairs and improvements. Rio Blanco County Road and Bridge shall promptly dispatch authorized representatives to locate and to provide info*mation concerning the Project at the request of Deseret. 7. The permitted use provided hereunder maybe rescinded and revoked at any time by Deseret upon written notice that Rio Blanco or one of the indemnifying parties hereunder is in violation of the conditions set forth herein. Such rescission or revocation shall be effective thirty (30) days after written notice to Rio Blanco of the violation of contitions, and shall be effective only if such violation is not repaired or remedied wihtin the thirty (30) days after issuance of the notice. Any such notices shall be deemed given when placed in the United States mail, properly addressed to the Boazd of County Commissioners of Rio Blanco County, Colorado, P.O. Box I, Meeker, Colorado 81641.