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not equipped to shift into a higher gear at a high engine RPM), converter retarders and <br />ground engagement implements. All vehicles owned or operated by Grantee or its is <br />employees, agents or independent contractors that enter the THR may be permitted in the <br />future by Grantor shall not exceed the gross vehicle weight rating specified by the <br />original manufacturer of that vehicle. Grantor shall have the right, but no obligation or <br />duty, to inspect Grantee's and Grantee's employees', agents' and independent <br />contractors' vehicles for compliance hereunder. Grantor shall have the right to prohibit <br />any of Grantee's or Grantee's employees', agents' and independent contractors' vehicles <br />from entering onto the THR if said vehicle is not properly equipped with a secondary <br />brake retarding system or it exceeds its manufacturer's gross vehicle weight rating. <br />(h)(1) Except as otherwise provided in Section 6(h)(2) below, <br />Grantor acknowledges that it is the proper party that should receive Governmental Orders 0 <br />relating to the maintenance of the THR in accordance with Section 6(a) hereof. For <br />purposes of this Section 6(h), "Governmental Orders" means any and all notices of <br />violation, citations or orders from the Colorado Division of Minerals and Geology, <br />Colorado Department of Public Health and Environment or any other state or federal <br />governmental agency (including, but not limited to, the United States Department of <br />Labor Mine Safety and Health Administration). <br />(2) Grantee acknowledges that it is the proper party that should <br />receive all Governmental Orders relating to Grantee's performance of its obligations <br />(C0909205.1 ) <br />0 <br />3-4.50