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Skkte of CB,0rgft6 {21{i[lCLlf <br /> Remlved C.—ty of Sen Jahn 6!1 <br /> lnkd for rccor a-_ _ __day-C w A. a I9� <br /> APR 181997 R-°°°�°° �°°'-�r•�os $ t ,,�,,, ,� . <br /> Durarr$o Field Off?ce ACCESS AGREEMENT <br /> C'71t.10n of I&C-21010" <br /> This Agreement is entered into as of the 6 t4 day of ivy, - ,- , 1996, by and between <br /> TUSCO, Joseph Baldwin and Michael Combs (collectively referred to as "Grantor") and <br /> Sunnyside Gold Corporation ("Sunnyside" or"Grantee"), with offices at#1 Gladstone, Silverton, <br /> Colorado 81433. <br /> RECITALS <br /> A. Grantor is the owner of those lands in San Juan County, State of Colorado, more <br /> particularly described on Exhibit "A" attached hereto (the "Subject Land"). <br /> B. Grantor and Sunnyside desire to enter into an agreement granting to Grantee <br /> rights to make use of the Subject Land for and in connection with mining reclamation activities. <br /> NOW, THEREFORE, it is agreed as follows: <br /> 1. Purpose of Grant. The purpose of the grant of rights herein made is to enable <br /> Sunnyside to make use of the Subject Land for voluntary reclamation activities pursuant to <br /> agreement between Sunnyside and the State of Colorado, for the purpose of benefitting water <br /> quality in the Animas River Basin. Said reclamation activities, whether conducted by Sunnyside, <br /> its affiliates, contractors, licensees, lessees, successors, or assigns, are referred to collectively <br /> herein as "Grantee's Reclamation". <br /> 2. Granting Clause. Grantor grants Sunnyside a right of access on and under the <br /> Subject Land for all purposes, including, without limitation, a right of access to perform any act <br /> necessary to accomplish the Work Plan described in Exhibit "B" hereto. It is the understanding <br /> and intent of Grantor and Sunnyside that Sunnyside shall be allowed unlimited access to the <br /> Subject Land for the purpose of accomplishing the said Work Plan. It is specifically understood <br /> that Sunnyside is an independent contractor with respect to this Agreement and that there is no <br /> employment, agency, partnership,joint venture or other relationship of any kind created by this <br /> Agreement between the parties hereto. <br /> 3. Term of Grant. This Agreement shall continue until such time as the reclamation <br /> of the Pride of the West Tailings Ponds, as described in the Work Plan, is complete, or until this <br /> Agreement is terminated pursuant to paragraph 12 of this Agreement. <br /> 4. Obligation of Sunnyside. <br /> (a) Sunnyside shall, subject to the other terms and provisions of this <br /> Agreement, perform the Work Plan described in Exhibit "B" to this Agreement. If all of the <br /> 4609J-1,9111196 <br />