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**Exploration Access Road"' means a temporary light use road kx access wSm,ev <br />Activities. unCxplo,atkmDhUb"io Pad, Un/uod Water Well. Monitoring Site u,other <br />exploration activity allowed under this Agreement. <br />- Exploration Drillhole Pad means on area of'dinmrbmccuFuppm,imute|y O.5 acre that <br />vvi||hc used m contain oxp]vmbw`d,i||io&cqu[pincn/ and oxpp\ioa during the exploration <br />drilling activities ut that site. <br />"Lxploration Permits means coal exp|oratioopenn|ts obtained by Oxbow from the8LM <br />and the CDKKi5 covering o|lur part nf the Properties. <br />" Ground We Mon jQ1e'' means an explora dri||holo that has been <br />completed uaa water well uo allow the collection of water samples and monitvrin8of*unu, <br />levels for a period of time (minimurn I year) that will allow the BLM and CDRNIS to determine <br />current water quality. <br />"Pro grties" means the lands in Delta County. Colorado described onExhibit A, attached <br />hereto, and made a part hereby. <br />-, Surface Water Monitor `mconxoc|cuoudoitesobnvnund6u|nw the proposed <br />exploration drillhole locations along drainage channels to monitor water quality along those <br />drainages during exploration and reclamation activities. <br />%. Surface Use by Oxbow. Oxbow (which for purposes u[chix section shall include <br />Oxbow's contractors, wholly-o"ned subsidiaries, agents and employees) shal I have the right to <br />enter upon and use the surrace ofthe Properties l'or the purpose of conducting the Survey <br />Activities and coal exploration drilling operations thereupon. including. but not limited to: <br />completing environmental studies and aerial surveys of the surface ofthe Pr to) allow for <br />construction ofdrill pads, conducting coal exploration drilling from Exploration Drillhole Pads <br />constructed by Oxbow, and completing or plugging and abandoning such drilling sites: and <br />conx,,uuUng, maintaining, impm,in@- repairing. replacing, extending and expanding locations <br />for such Fxploration Drillhole Pads. access roads. and appurtenances on. over. and through the <br />Properties ms approved b} the BIN and CDKM8hn the Exploration Permits. (n order u,confirm <br />and ratik- Oxbo\N's rights with respect to these exploration activities. James L. Patterson Jr. <br />Family Trust / Lois M. Patterson Estate hereby grants to OxboNv the right to continue the use and <br />occupation of those portion ofthe Properties pr!jccted to be used or occupied by it in <br />connection with the tbmg"\ng survey and exploration uodvihna. [imcofb,uommonummcntnf <br />Oxbow's surface activities shall be agreed by the partie& provided that James L. Patterson Jr. <br />Family Trust / Lois M. Patterson Estate acknowledges that once activities cornmence they ,vill <br />need mbu completed occording»v0`bvw'xschedule. The parties "i||ovvr inaumo,oid <br />commencing activities during hunting season that would preclude hunting during periods when <br />|andow^rr has hunhn0 activities prev ivvuiysohndu|cdnn the properties. and landowner nhu|i <br />no/i|y(`xhowpmm[x|�ofa0hunUngauivi6«maohodu|eJondbrpmpcuicx. <br />3. Access, |n exchange for the consideration set forth herein. James L Patterson Jr. <br />Family"I'rust / Lois M. Patterson Estate has granted and does hereby grant and convey to 0xbovv <br />an casement for access to the Properties toconduct the Survey Activities and exploration <br />oodvi/icn for m. long nn this Agreement remains in effect. which mscmcntohui| inure tothe <br />bcnc/ltofOxbo,,'m assigns and successors. Upnnv,|tm:u request hy Oxbow, James L Puuc,soo <br />Jr. Family Trust / Lois M. Patterso)n I'state shall promptly allow access to 0xbov, flor the purpose <br />MFENFSM�1= <br />