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Activities" shall have the meanings specified above, and the following terms shall have the <br />following meanings: <br />"Business Day" means a day, other than a Saturday or a Sunday, on which commercial <br />banks in Colorado are open for lousiness for all banking functions. <br />"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 duality along those <br />drainages during exploration and reclamation activities. <br />2. Surface Use by 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, Daniel S. Roussin, Ann M. <br />Roussin, and Eddy L. Roussin hereby grants to Oxbow the right to continue the use and <br />occupation of those portions ofthe Properties projected to be used or occupied by it in <br />connection with the foregoing survey and exploration activities. 'limes for commencement of <br />Oxbow's surface activities shall be agreed by the parties; provided that Daniel S. Roussin, Ann <br />M. Roussin, Eddy L. Roussin acknowledges that once activities commence they will need to be <br />121488959 v3 den <br />