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DEN 97636862v2 October 19, 2011 <br />Damages Compensation Agreement <br />For Mining Operations Within 200 Feet <br />Of Permanent Man -Made Structure <br />This Agreement, entered into this j2p day of October 2011, by and between Wildcat <br />Mining Corp., a Nevada Corporation as applicant in 112d -1 Application, Amended CN -01, <br />Wildcat Mining Corporation, May Day Idaho Mine Complex, Permit No. M -1981 -185 <br />( "Applicant ") and La Plata County ( "Structure Owner ") (collectively, the "Parties "). <br />The Applicant is seeking a State of Colorado Mined Land Reclamation Board ( "MLRB ") <br />permit to conduct mining operations at the May Day Idaho Mine Complex located in Hesperus, <br />La Plata County, Colorado. <br />The Structure Owner owns a permanent man -made structure or structures located within <br />200 feet of the land affected by the proposed mining and reclamation operations (the <br />Structure(s)"). The description of the Structure(s) is as follows: <br />County Road 124. <br />Pursuant to Rule 6.3.12 of the Mineral Rules and Regulations of the MLRB for Hard <br />Rock, Metal and Designated Mining Operations, the Division of Reclamation, Mining and Safety <br />has requested that the Applicant enter into this Agreement with the Structure Owner whereby <br />Applicant agrees to compensate the Structure Owner for any damage that may occur to the <br />Structure(s) identified herein as a result of the Applicant's mining operations. <br />By this Agreement, the Applicant commits and covenants that, if its mining operations <br />cause damage to the Structure(s) owned by the Structure Owner, Applicant will repair or replace <br />such Structure(s) or compensate Structure Owner for the value of said Structure(s) and will <br />indemnify Structure Owner for any costs of repair to the Structure(s) incurred by Structure <br />Owner as a result of any damage caused by the Applicant. <br />Page 1 of 2 <br />