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Reclamation Permit Amendment Application (M-1980-146: AM-04) -112c Addendum <br />Figure S-4. Agreement <br />INDEMNIFICATION AND DAMAGE AGREEMENT <br />This Agreement is made and entered into, effective as of the day of June, 2009 <br />("Effective Date") by and between , whose address is <br />("OWNER"), and, C&J Gravel Products, <br />Inc., whose address is 27661 Highway 160-E, Durango, CO 81301 ("OPERATOR"). <br />Colorado Revised Statutes 34-32.5-115 (4) states, in part: "The [Mined Land Reclamation) <br />board or office shall not deny a permit except on one or more of the following grounds:... <br />(e) The mining operation will adversely affect the stability of any significant, valuable, and permanent <br />manmade structures located within two hundred feet of the affected land; except that the permit shall not <br />be denied on this basis where there is an agreement between the operator and the persons having an <br />interest in the structure that damage to the structure is to be compensated for by the operator or, where <br />such an agreement cannot be reached, the applicant provides an appropriate engineering evaluation that <br />demonstrates that such structures shall not be damaged by proposed construction materials excavation <br />operations." <br />OPERATOR agrees to indemnify and hold harmless OWNER from any and all claims, <br />demands, causes of action and damages ("Claims") related to OPERATOR's operations on the <br />Pit or Operation Name, as such pit may be expanded. This Indemnification and Damage <br />Agreement includes, but is not limited to, Claims relating to specific items or structures within <br />two hundred (200) feet of areas to be mined with locations generally shown on the map <br />attached to this Agreement as Exhibit S-1. <br />This Agreement is signed by authorized representatives of OPERATOR and OWNER. <br />EXECUTED as of the date of acknowledgement, but this Agreement is effective as of the first <br />date mentioned above. <br />OWNER: OPERATOR: <br />By: <br />Title: <br />By: John Gilleland <br />Title: President, C&J Gravel Products, Inc. <br />C&J Gravel Products Exhibits to Reclamation Amendment #004 19 June 2009 <br />©WASTELINE, INC 2009 Project 5064.2.LQ (11/16)Final C&J-MoP-005 Addendum 11