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Properties as described and approved by the BLM and CDRMS in the Exploration application <br />text as shown in Exhibit "C ". In order to confirm and ratify Oxbow's rights with respect to these <br />exploration activities, Gayle Ware hereby grants to Oxbow the right to continue the use and <br />occupation of those portions of the Properties projected to be used or occupied by it in <br />connection with the foregoing survey and exploration activities. Times for commencement of <br />Oxbow's surface activities shall be mutually agreed by the parties. Gayle Ware acknowledges <br />that once such activities commence they will need to be completed in accordance with Oxbow's <br />schedule Oxbow shall avoid commencing such activities during hunting season that would <br />preclude hunting during periods when Landowner has hunting activities previously scheduled on <br />the Properties, and Landowner shall notify Oxbow promptly of all hunting activities scheduled <br />on the Properties. The parties shall also coordinate commencement of spring time activities in <br />order to minimize disturbance of deer fawning and elk calving. <br />3. Access. In exchange for the consideration set forth herein, Gayle Ware 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, Gayle Ware shall promptly allow access to Oxbow for the purpose of <br />completing the Survey Activities, constructing Exploration Access Roads, or exploration drilling <br />or environmental monitoring activities on the Properties. Any Exploration Access Roads shall, <br />whenever possible, use existing gravel, dirt or two track roads to access Exploration Drillhole <br />Pad locations or Ground Water Well Monitoring Sites. However, when no appropriate access <br />roads exist, Oxbow may use a bulldozer to develop an Exploration Access Road. Unless <br />otherwise agreed by the Parties, all Exploration Access Roads shall be reclaimed by Oxbow at <br />the conclusion of its activities under this Agreement. <br />4. Term. The term of this Agreement shall commence as of the Effective Date and <br />shall continue for a term of 2 years from the Effective bate, or the termination of the Exploration <br />Permits, whichever is longer. Oxbow shall have periodic access beyond this term as needed to <br />monitor and if necessary repair reclaimed drillhole pads and access roads that were constructed <br />during the exploration process until all permit obligations are satisfied and reclamation bonding <br />held on such drillhole pad and road locations has been released. Such access for reclamation is <br />generally completed within three growing seasons after activities under the permit are <br />completed, but may be longer if required by government regulatory authorities. When this <br />Agreement ceases to be in full force and effect, the Parties shall execute any and all releases <br />necessary to evidence the fact that this Agreement shall no longer apply to the Properties. <br />U1488959 v3 den <br />