1997-04-18_ENFORCEMENT - M1977378

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�b of baa jvas �` Rewtvad P-I,-d for db31-.., 6. D. 19d-4 ,o�lo ,ems O -APR 181997 ACCESS AGREEMENT Qurarro Field Office G,V,:gin cf Aerodium Inc. , as owner of a portion of the Little Nation Millsite, Survey No. 169 B, San Juan County, Colorado and further described in Exhibit A of a quit claim deed from Tusco Inc. to Aerodium Inc. as recorded in Book 237 , page 788 of the records of the San Juan County Clerk, hereby grant Sunnyside Gold Corporation (Sunnyside) a right of access on and under the Subject Land for voluntary reclamation activities pursuant to an agreement between Sunnyside and the State of Colorado, for the purpose of benefitting water quality in the Animas River Basin. Access to this claim is deemed necessary by Sunnyside to effect a removal of erosion carried tailings from the bordering project area, to provide project sediment containment and to remove historic Pride of the West tailings that may have been deposited on the Little Nation Millsite property. Sunnyside agrees that all work performed under this agreement will be at the expense of Sunnyside and that this grant imparts no property rights or obligations to Sunnyside other than the right of access for accomplishing reclamation activity related to the Historic Pride of the West Tailings. Sunnyside further agrees that usage of access will be limited to that required for removal of Pride of the West tailings on the Little Nation Millsite and placement of sediment containment traps . Project implementation will not require haul roads on or major usage of that property owned by Aerodium Inc. for implementation of this reclamation project. This grant shall continue until the voluntary reclamation project according to the above mentioned agreement on the Historic Pride of the West Tailings is complete and shall be binding upon heirs, personal representatives, successors and assigns. Sunnyside will execute a letter release of this agreement upon completion of project activity requiring access. Grantor acknowledges that neither Sunnyside nor any agent or representative of Sunnyside warrants, promises, or represents, either expressly or implicitly, that the reclamation work will eliminate all liabilities which may arise from the enforcement of local , state, and/or federal laws or regulations, including enforcement with respect to the presence of any hazardous material or environmental condition at the Subject Land. Grantor waives any such or related warranties. Grantor hereby waives, releases and covenants not to sue Sunnyside, its directors, officers, employees, agents, affiliates and successors, for any claims, damages or costs by Grantor with respect to the Sunnyside work on the project. Grantor will retain all rights to enter upon subject land for personal and project inspection purposes . If access or cleanup requirements on the subject land requires material changes from the existing work plan, Grantor will be consulted for approval . This instrument represents the entire agreement between the parties.