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determined that the material to be removed requires the addition of water, or that water is required to wash these materials, <br />the parties agree to negotiate in good faith the securing from any natural sources that may be legally available upon the <br />Property. <br />Prior to any Property disturbances, Blattner Energy shall apply for a Reclamation Permit, if required, with the appropriate <br />government agency. Blattner Energy shall provide Property Owner a copy of a Reclamation Plan, if required by a governmental <br />agency, and Property Owner shall have the right to approve such Reclamation Plan prior to its final approval by the appropriate <br />government agency and implementation by Blattner Energy. This Reclamation Plan shall provide for and specify the area(s) to <br />be disturbed, the methods and plan to reclaim all such disturbances, as well as the deposition of any waste, excess or processed <br />material left on site, to the satisfaction of the appropriate government agency and Property Owner. If no Reclamation Permit is <br />required, then Blattner Energy agrees to landscape the area where material was removed, in a reasonable and workmanlike <br />manner; but such landscaping shall not include seeding of the disturbed areas, unless otherwise agreed. Blattner Energy shall <br />not be obligated to complete reclamation until it has removed all stockpiled material. <br />All material from the Property that is excavated or processed shall become the property of Blattner Energy. Upon the <br />expiration of this Agreement, all stockpiles remaining upon the Property produced by Blattner Energy or its assigns shall remain <br />the property of Blattner Energy; and Blattner Energy shall continue to have free rights of Ingress and Egress to remove these <br />materials from such stockpiles until such stockpiles are depleted, but in no case longer than the time specified in the Term of <br />this Agreement. <br />RELEASES AND WAIVERS: Property Owner shall be required to provide to Blattner Energy, upon request, lien waivers or <br />releases. Property Owner shall not be entitled to receive final payment under this Agreement until all previous and final lien <br />waivers have been executed and delivered to Blattner Energy. <br />SPECIAL CONDITIONS: Any terms added in this provision shall take precedence over any other terms of this Agreement: <br />1) Even though this proposed mining operation is separate from any agreements the Property Owner has with Limon <br />Wind, LLC, Blattner Energy will need to construct approximately 700 feet of access road that runs East to West <br />from CR 28 towards WTG's 124 -121. At this point, an access road will be constructed that runs North to South for <br />approximately 800 feet. This small network of roads will serve as the point of ingress and egress for all construction <br />traffic included in the mining activities. <br />2) Unless a notarized agreement is executed by Blattner Energy, Inc and the Property Owner, all access roads into the <br />pit will be reclaimed back to pre - disturbance conditions as required under the 110 and /or 112 Permit rules and <br />regulations. <br />3) Unless a notarized agreement is executed by Blattner Energy, Inc and the Property Owner, no product stockpiles <br />will be left onsite and the material will be used during the reclamation phase of the mine as required under the 110 <br />and /or 112 Permit rules and regulations. <br />4) Once material has began to be mined from the site, four more soil tests will be taken to verify the conversion factor <br />stated in this agreement - remains accurate. These four tests will be averaged with the four tests <br />originally taken before mining activities began. This average will be used moving forward to calculate monthly <br />payments to the Property Owner. <br />5) The last monthly payment made to the Property Owner will be withheld until the final TOPO survey is complete. <br />This TOPO will verify total quantities removed and ensure proper payment is made to the Property Owner. <br />MISC: This Agreement shall be binding upon the parties as well as their successors in interest. There are no other <br />agreements or understandings, expressed or implied, that are binding upon the parties. Any changes to this Agreement shall <br />be agreed to in writing. Further, for purposes of contract construction the parties are deemed to have jointly prepared this <br />Agreement. <br />Blattner Energy, Inc. — Confidential Document <br />Borrow Agreement — Page 3 of 4 LE- 09-CT- 0022 -R1 <br />