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restrictive. <br /> (c) Seller represents to Purchaser that Seller is <br /> negotiating with the Colorado Department of Highways (Department) in <br /> regard to the nature, extent and location of the access road <br /> referred to in subparagraph (a) above. Subject to the condition that <br /> Seller represents and warrants that Purchaser will have a means of <br /> access to the Property from said access road, which access shall be <br /> commensurate with vehicular traffic for a gravel pit operation, <br /> Purchaser expressly agrees that the Seller shall be fully authorized <br /> to have the sole and exclusive right and power, without limitation <br /> or reservation, to negotiate with and enter into any agreement or <br /> stipulation with the Department for the Purchaser and for the <br /> Seller, respecting said access road as the Seller may in its <br /> interest deem appropriate. Purchaser agrees to confer said power <br /> upon the Seller by executing an irrevocable Power of Attorney, <br /> coupled with an interest, which power shall survive the closing. A <br /> copy of said Power of Attorney is attached hereto as Exhibit C and <br /> by this reference made a part hereof. If as a result of Seller's <br /> agreement or stipulation with the Department, or as a result of the <br /> condemnation action, Civil Action No. 3040, filed in the District <br /> Court in and for the County of Eagle and State of Colorado, or any <br /> amendment thereto, the access referred to in subparagraphs (a) and <br /> (b) hereof are acquired by the State of Colorado, then the Seller <br /> shall have no further obligation under subparagraphs (a) and (b) <br /> hereof. <br /> (d) Seller represents to Purchaser that Seller shall <br /> execute upon request a license to Purchaser to use, to the extent <br /> Seller has an interest, the access road referred to in subparagraph <br /> (a) , and to use the railroad crossing referred to in subparagraph (b) <br /> until Seller either grants the easements referred to in subparagraphs <br /> (a) and (b) above, or until the access described therein is taken or <br /> acquired by the State of Colorado, whichever first occurs. <br /> -6- <br />