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(c) "Mining Operations" shall mean the design, development and permitting of <br />a sand and gravel mine and the testing, sampling, excavation, stockpiling, processing and <br />removal of overburden, sand, gravel, stone and/or aggregate from any portion of the Site <br />Location. <br />(d) "Mining Period" shall mean the period of time that Applicant is conducting <br />actual Mining Operations. Once Mining Operations have ceased on a specific portion of the <br />Site Location, the Mining Period shall be deemed to have ended with respect to such location, <br />notwithstanding that Mining Operations may be continuing on other portions of the Site <br />Location. <br />(e) "Reclamation Activities" shall mean any activities relating to the <br />reclamation of the surface estate in accordance with Applicant's mining permits and applicable <br />law, as the same may be amended from time to time. <br />(f) "Reclamation Period" shall mean, with respect to any specified portion of <br />the Site Location, the period of time from the cessation of the Mining Period until all <br />reclamation activities have been completed on the affected portion of the Site Location in <br />accordance with the terms of Applicant's mining permit, regardless of whether Applicant's <br />bond shall have been fully released. <br />(g) "Post-Reclamation Period" shall mean, with respect to any specified <br />portion of the Site Location, any time following the date that Applicant shall have ceased <br />Mining Operations and completed its Reclamation Activities in accordance with the terms of <br />Applicant's DMG 112 Reclamation Permit, regardless of whether Applicant's bond shall have <br />been fully released. <br />5. Setback Obligations; Liability for Damage. <br />(a) Applicant hereby assures the Structure Owner and agrees that should any of <br />LGE's Mining Operations or Reclamation Activities adversely affect any portion of the <br />Structure located within the Easement or the Setback Area, the Applicant will repair any such <br />damage to the Structure, or will provide compensation to the Structure Owner for such damage <br />to the Structure. Further, Applicant acknowledges that damages could extend to crop losses <br />should Structure damage prohibit or otherwise limit LBDC from the timely delivery of water to <br />its customers. LGE's liability and obligation under this paragraph shall terminate at the end of <br />the Reclamation Period. <br />(b) In an effort to manage its responsibility and potential liability under this <br />Section, Applicant reserves the right to construct berms, slurry walls and/or spillways within <br />the Easement and/or Setback Area to reduce the potential for damages caused by ditch <br />overflows or wall failures. Applicant agrees, absent of emergency situation, to notify LBDC <br />in writing prior to undertaking specific projects within the Easement, as provided for in <br />Paragraph 9, below. Applicant also acknowledges the requirement to ensure said projects do <br />not violate the provisions of Paragraph 3, above. <br />FL-LBDCAgreement-Sep2004.DOC