Laserfiche WebLink
"Exploration Access Road" means a temporary light use road for access to Survey <br />Activities, an Exploration Drillhole Pad, Ground Water Well Monitoring Site or other <br />exploration activity allowed under this Agreement. <br />" Exploration Drillhole Pad means an area of disturbance of approximately 0.5 acre that <br />will be used to contain exploration drilling equipment and supplies during the exploration <br />drilling activities at that site. <br />" Exploration Permits means coal exploration permits obtained by Oxbow from the BLM <br />and the CDRMS covering all or part of the Properties. <br />" Ground 'Water Well Monitoring Site means an exploration drillhole that has been <br />completed as a water well to allow the collection of water samples and monitoring of water <br />levels for a period of time (minimum 1 year) that will allow the BLM and CDRMS to determine <br />current water quality. <br />" Properties " means the lands in Delta County, Colorado described on Exhibit A , attached <br />hereto, and made a part hereby. <br />" Surface Water Monitor Site means selected sites above and below the proposed <br />exploration drillhole locations along drainage channels to monitor water quality along those <br />drainages during exploration and reclamation activities. <br />2. Surface Use b Oxbow. Oxbow (which for purposes of this section shall include <br />Oxbow's contractors, wholly -owned subsidiaries, agents and employees) shall have the right to <br />enter upon and use the surface of the Properties for 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 of the Properties to allow for <br />construction of drill pads; conducting coal exploration drilling from Exploration Drillhole Pads <br />constructed by Oxbow, and completing or plugging and abandoning such drilling sites; and <br />constructing, maintaining, improving, repairing, replacing, extending and expanding locations <br />for such Exploration Drillhole Pads, access roads, and appurtenances on, over, and through the <br />Properties as approved by the BLM and CDRMS in the Exploration Permits. In order to confirm <br />and ratify Oxbow's rights with respect to these exploration activities, Landowner(s) hereby <br />grants to Oxbow the right to continue the use and occupation of those portions of the Properties <br />projected to be used or occupied by it in connection with the foregoing survey and exploration <br />activities. Times for commencement of Oxbow's surface activities shall be agreed by the parties; <br />provided that Landowner(s) acknowledges that once activities commence they will need to be <br />completed according to Oxbow's schedule. The parties will coordinate to avoid commencing <br />activities during hunting season that would preclude hunting during periods when landowner has <br />hunting activities previously scheduled on the properties, and landowner shall notify Oxbow <br />promptly of all hunting activities scheduled on the properties. <br />3. Access In exchange for the consideration set forth herein, Landowner(s) has <br />granted and does hereby grant and convey to Oxbow an easement for access to the Properties to <br />conduct the Survey Activities and exploration activities for so long as this Agreement remains in <br />effect, which easement shall inure to the benefit of Oxbow's assigns and successors. Upon <br />written request by Oxbow, Landowner(s) shall promptly allow access to Oxbow for the purpose <br />#1488954 v3 den <br />