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The parties have executed this Agreement on the day and year first above written. <br />KERR-McGEE ROCKY MOUNTAIN LLC <br />By: <br />JAMES P. WASON <br />Attorney-in-fact <br />[GRAVEL COMPANY] <br />ACKNOWLEDGMENTS <br />STATE OF COLORADO ) <br />CITY AND ) ss. <br />COUNTY OF DENVER ) <br />The foregoing instrument was acknowledged before me this _ day of , <br />2006, by James P. Wason, as Attorney-in-Fact of Kerr McGee Rocky Mountain LLC, on behalf of <br />such company. <br />Witness my hand and official seal. <br />My Commission Expires: <br />STATE OF COLORADO ) <br />) ss. <br />COUNTY OF ) <br />Notary Public <br />The foregoing instrument was acknowledged before me this day of 2006, <br />by <br />Witness my hand and official seal. <br />Notary Public <br />My Commission Expires: <br />20