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, r.,7etlty of S . I.M <br /> �GLCiIY�1J mild k,r reco the. _. ...day A6 A--qZ / <br /> 8oceptiop goat a y5 Yaei s 311,3 l <br /> APR 18 1997 ACCESS AGREEMENT <br /> Dtimrm Fo!d OP'ca <br /> I, Glen E. Nordlander, as owner of the Henry M. Teller Millsite, <br /> Survey No. 15624B and Gold Hill Millsite, Survey No. 15641B, San <br /> Juan County, Colorado hereby grant Sunnyside Gold Corporation <br /> (Sunnyside) a right of access on and under the Subject Land for <br /> voluntary reclamation activities pursuant to an agreement between <br /> Sunnyside and the State of Colorado, for the purpose of benefitting <br /> water quality in the Animas River Basin. Access to these claims is <br /> deemed necessary by Sunnyside to effect a removal of erosion <br /> carried tailings from the bordering project area and to provide <br /> project sediment containment. <br /> Sunnyside agrees that all work performed under this agreement will <br /> be at the expense of Sunnyside and that this grant imparts no <br /> property rights or obligations to Sunnyside other than the right of <br /> access for accomplishing reclamation activity related to the <br /> Historic Pride of the West Tailings. <br /> This grant shall continue until the voluntary reclamation project <br /> according to the above mentioned agreement on the Historic Pride of <br /> the West Tailings is complete and shall be binding upon heirs, <br /> personal representatives, successors and assigns. Sunnyside will <br /> execute a letter release of this agreement upon completion of <br /> project activity requiring access. <br /> Grantor acknowledges that neither Sunnyside nor any agent or <br /> representative of Sunnyside warrants , promises, or represents, <br /> either expressly or implicitly, that the reclamation work will, <br /> eliminate all liabilities which may arise from the enforcement of <br /> local, state, and/or federal laws or regulations, including <br /> enforcement with respect to the presence of any hazardous material <br /> or environmental condition at the Subject Land. Grantor waives any <br /> such or related warranties. <br /> Grantor hereby waives, releases and covenants not to sue Sunnyside, <br /> its directors, officers, employees, agents, affiliates and <br /> successors, for any claims, damages or costs by Grantor with <br /> respect to the Sunnyside work on the project. <br /> Grantor will retain all rights to enter upon subject land for <br /> personel and project inspection purposes. If access or cleanup <br /> requirements on the subject land requires material changes from the <br /> existing work plan, Grantor will be consulted for approval . <br /> This instrument represents the entire agreement between the <br /> parties. <br />