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<br />1. Attached hereto as Attachment A and by this reference <br />incorporated herein is a map on which is drawn in red a line <br />dividing the areas of responsibility for mitigation of damage. <br />Each of the parties agrees to mitigate any and all damage as <br />required by the Colorado Mined Land Reclamation Division within <br />such party's area of responsibility as its sole cost and expense. <br />2. Neither party shall sign its interest in this Agreement <br />without the prior express written consent of the other party <br />which consent shall not be unreasonably withheld. <br />3. This Agreement shall remain in force until the earlier <br />of (i) full and final mitigation of damage as determined by <br />the Colorado Mined Land Reclamation Division; or (ii) expiration <br />of both Permits and release of all reclamation bonds by the <br />Colorado Mined Land Reclamation Division. <br />4. This Agreement shall be binding upon and inure to <br />the benefit of the parties, their successors and assigns but <br />shall not be effective until approved by the Colorado Mined <br />Land Reclamation Division. <br />2 <br />