2011-03-30_REVISION - M1977493 (13)

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a i • pipeline, comprising a portion of the Supply Canal No. 1, which runs across the Reservoir dam (the "Canal Pipeline"). Climax and the Company shall, at all times, take all reasonable steps to prohibit public access to the Canal Pipeline. Climax shall, at its expense, maintain the Supply Canal No. 1, including the Canal Pipeline. At such time as the Supply Canal No. 1 is permanently abandoned, (i) the easement for the Canal Pipeline shall automatically terminate, (ii) Climax shall remove, at its cost, the Canal Pipeline, and repair any damage from such removal and (iii) to the extent necessary, Climax shall execute such documents necessary to terminate the easement. (2) A non-exclusive, irrevocable easement across a portion of the Reservoir Land described on Attachment 2 to Exhibit 0 for construction, operation and maintenance of (A) a pipeline (the "New Pipeline") for the transportation of tailings and water from such sources as Climax shall select, and (B) such utility lines, pipelines and pipes (the "Utilities") to which the Company consents, which consent shall not be unreasonably withheld. (3) A non-exclusive, irrevocable easement across a portion of the Reservoir Land described on • Attachment 3 to Exhibit 0 for construction, operation and maintenance of gas and telephone lines (the "Bench Lines"). Any lines constructed or replaced after the date of the easement shall be placed underground. (4) A non-exclusive easement across a portion of the Reservoir Land, described on Attachment 4 to Exhibit 0, for maintenance and operation of the East Interceptor and Canal Pipeline for transportation of water into the Reservoir subject to the provisions of Section 6(c) above. (c) Climax shall pay all costs associated with the construction, operation and maintenance of the New Pipeline, the Bench Lines and the Utilities. Prior to construction of the New Pipeline, Bench Lines or Utilities, Climax shall provide the Company with complete plans and specifications, engineering drawings for those portions crossing the Company's property, reports and other documentation, including any federal, state or local permit applications, necessary for the Company's review of any such construction. The Company shall have 45 days after receipt of such documentation to review, comment upon or object to Climax's project or any element thereof. Climax shall not proceed with any such construction until it has addressed and satisfied the Company's objections thereto to the Company's • satisfaction. All construction approved by the Company pursuant to this subsection (2) shall be made in accordance -11-