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[Gravel Company] agrees that it will not mine or extract any portion of the access roads <br />set forth on Exhibit A or as mutually agreed to by the Parties without the written consent of <br />KMG. [Gravel Company] agrees to post and enforce a 10 mile per hour speed limit along the <br />stretch of access road that is jointly used by KMG and [Gravel Company] and shall install speed <br />bumps along those stretchs of road. <br />5. BATTERIES AND EQUIPMENT. <br />KMG shall have the right to locate, build, repair and maintain tanks, separators, <br />dehydrators, compressors and other equipment ("Production Facilities") reasonably appropriate <br />for the operation and production of the Existing Well or the Future Well at the locations depicted <br />on Exhibit A. <br />With respect to KMG's Production Facilities other than flowlines or pipelines: <br />a. KMG shall install and maintain, at its sole cost and expense, all fences <br />around the Existing Well and any Future Wells in compliance with the Rules and <br />Regulations of the COGCC; <br />b. KMG shall install and maintain, at its sole cost and expense, all gates and <br />locks reasonably necessary for the security of any wells or facilities in the Oil and Gas <br />Operations Areas. Such gates and locks shall be the standard gates and locks used by <br />KMG; <br />C. KMG shall paint any production facilities for any Wells, including <br />wellhead guards, with paint that is approved by the COGCC; and <br />[Gravel Company] shall not inhibit KMG's access to the Oil and Gas Operations Areas or <br />inhibit KMG's operations within the Oil and Gas Operations Areas or in the vicinity of the <br />Production Equipment by landscaping or other improvements, unless otherwise agreed upon <br />between [Gravel Company] and KMG. [Gravel Company] shall place temporary concrete <br />barriers around all Production Facilities as directed by KMG before any mining operations <br />commence. In no event shall [Gravel Company] mine within 90 feet of any Production Facilities <br />or stockpile mined materials within a radius of 50 feet of any Production Facilties. <br />6. NOTICE OF FUTURE OPERATIONS. <br />KMG shall provide at least seven (7) days prior written notice to [Gravel Company] of <br />any operations in connection with the reworking, fracturing, deepening or recompletion <br />operation on an Existing Well or Future Well; provided, however, that KMG shall provide at <br />least thirty (30) days prior written notice to [Gravel Company] of the initial drilling of any Future <br />Wells. Regardless of the foregoing notice requirements, KMG shall have immediate access to <br />any of its facilities in the event of an emergency. <br />14