2011-04-11_PERMIT FILE - M2011001

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Property have expired or are terminated, and Noble has plugged and abandoned all Wells it operates on the Property and complied with all reclamation and other requirements in its oil and gas leases and of the COGCC and other entities having jurisdiction; or ii) all of Lafarge's sand, gravel and aggregate mining leasehold interests in the Property have expired or are terminated (as to the portion of the Property leased by Lafarge), and Mining Parties have complied with all reclamation and other requirements in its mining leases and Mining Permit and with all other applicable provisions in the mining leases, Mining Permit and state and local permits and rules and regulations. At the time this Agreement terminates, the parties shall execute releases that state that this Agreement no longer applies to the Property, except with respect to the indemnities in this Agreement, which indemnities shall survive termination to the extent provided herein. 20. Notices. Any notice or other communication required or permitted under this Agreement shall be given in writing by any of. i) personal delivery; ii) expedited delivery service with proof of delivery; iii) United States mail, postage prepaid, and registered with certified mail with return receipt requested; or iv) prepaid telecopy or fax, the receipt of which shall be acknowledged, addressed as follows: Noble: Noble Energy, Inc. 1625 Broadway, Suite 2200 Denver, CO 80202 Attention: Land Manager Lafarge: Lafarge West, Inc. 10170 Church Ranch Way, Suite 200 Westminster, CO 80021 Attention: Northern Colorado Land Manager Tim and Jeanne Iverson: 5011 F Street Greeley, Colorado 80631 Any party may, by written notice so delivered to the other parties, change the address or individual to whom delivery shall thereafter be made. 21. Recording. This Agreement and any amendments shall be recorded by Noble, and Noble shall provide Mining Parties with copies showing the recording information as soon as practicable thereafter. 22. Surface Damages: Waiver of Payments. In consideration of the respective rights, obligations and benefits of the parties as outlined herein, this Agreement shall constitute a surface use or surface damage agreement as described or provided for in any current or future rule or regulation of the COGCC or any local jurisdiction, state statute or at common law and in any oil and gas lease. In furtherance of the foregoing, Mining Parties expressly acknowledge that this Agreement satisfies the obligations and requirements of Noble pursuant to COGCC rules and regulations and Colorado statutes to consult in good faith with Mining Parites regarding proposed oil and gas operations on the Property. Each party further expressly acknowledges that this Agreement shall be deemed to be specifically applicable to, and to satisfy fully, the obligation of the other to accommodate the party's use of the surface of the Property, existing and future and each party waives any statutory or common law claims to -the contrary including, but not limited to, any claims pursuant to C.R.S. § 34-60- -10-