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5. Payments to Daniel S. Roussin, Ann M. Roussin, Eddy L. Roussin. <br />(a) Closing payment. Oxbow shall pay Daniel S. Roussin, Ann M. Roussin, <br />Eddy L. Roussin, a closing payment in an amount agreed to as shown on E xhibit B relating to the <br />2012 calendar year within 10 Business Days of the mutual execution of this Agreement. <br />(b) Exploration Drillhole Pad Payment. Oxbow shall pay Daniel S. Roussin, <br />Ann M. Roussin, Eddy L. Roussin, the Exploration Drillhole Pad Payment agreed to on Exhibit <br />B per Exploration Drillhole Pad, Ground Water Well l lonitoring Site, or other environmental <br />monitoring site developed during the exploration drilling process. <br />(c) Consideration. The Parties agree that the sum of the payments described <br />in subsections (a) and (b) above and shown on Exhibit B shall be full consideration for all <br />surface use and access rights set forth in Section 2 and Section 3 above. <br />b. Reclamation. f=ollowing the permanent cessation of Survey Activities and <br />exploration activities, Oxbow shall reclaim or restore the affected portion of the Properties when <br />and as required by applicable law, rule or regulation and shall be responsible for the costs of such <br />reclamation resulting from the exploration drilling and constnketion of Exploration Drillhole <br />Pads on the Properties. Daniel S. Roussin, Ann M. Roussin, Eddy L. Roussin acknowledges that <br />state regulatory authorities will be required to access the reclaimed area to verify that appropriate <br />reclamation activities occurred to any Exploration Access Road and Exploration Drillhole Pad. <br />Oxbow shall also be entitled to such access in connection with the foregoing activities. These <br />activities may include, without limitation, visits to the site for grading any erosion features, <br />spraying for weeds or re- seeding, if necessary, and regulatory inspections. Oxbow agrees that it <br />will endeavour to schedule these activities so as to minimize interference with landowner or <br />ranch activities on the Properties, but the Parties recognize that the timing requirements of the <br />applicable regulatory authorities may cause some disruption with ranch or Daniel S. Roussin, <br />Ann M. Roussin, Eddy L. Roussin activities. <br />7, Miscellaneous. <br />(a) Notices. All notices and other communications under this Agreement <br />shall be in writing and delivered (i) personally, (ii) by registered or certified snail with postage <br />prepaid, and return receipt requested, or (iii) by nationally recognised commercial overnight <br />courier service with charges prepaid. directed to the intended recipient using; its respective <br />address provided in the introductory paragraph above. A notice or ether cominunication shall be <br />deemed delivered on the earliest to occur of (1) its actual receipt, (2) the fifth Business Day <br />following its deposit in registered or certified mail, with postage prepaid and return receipt <br />requested, or (3) the first Business Day following its deposit with a nationally recognized <br />commercial overnight courier service, with charges prepaid. Any Party may change the address <br />to which notices and other communications hereunder can be delivered by giving the other notice <br />in the manner herein set forth. A minimum 48 hrs. advance notice shall be given to Dan S. <br />Roussin, Ann M. Roussin, or liddy L. Roussin before accessing the property. <br />41488959 wi den <br />