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2012-11-06_PERMIT FILE - X201222311
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2012-11-06_PERMIT FILE - X201222311
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Last modified
8/24/2016 5:10:23 PM
Creation date
2/22/2013 2:30:46 PM
Metadata
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Template:
DRMS Permit Index
Permit No
X201222311
IBM Index Class Name
Permit File
Doc Date
11/6/2012
Doc Name
Surface Use Agreement (emailed)
From
Oxbow Mining, LLC
To
DRMS
Media Type
D
Archive
No
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Payirients to Chris Sanchez. <br />(a) Closing Pavment. Oxbow shall pay Chris Sanchez a closing payment in <br />an amount agreed to as shown on Exhibit D relating to the 2012 calendar year within 10 <br />Business Days of the mutual execution of this Agreement. <br />(b) Consideration. The Parties agree that the sutra of the payment described in <br />subsection (a) above and shown on Exhibit D shall be full consideration for all surface use and <br />access rights set forth in Section 2 and Section 3 above. <br />G. Reclamation. Following 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 construction of Exploration Drillhole <br />Pads on the Properties. Chris Sanchez acknowledges that state regulatory authorities will be <br />required to access the reclaimed area to verify that appropriate reclamation activities occurred to <br />any Exploration Access Road and Exploration Drillhole Pad. Oxbow shall also be entitled to <br />such access in connection with the foregoing acfivities. These activities may include, without <br />limitation, visits to the site for grading any erosion features, spraying for weeds or re- seeding, if <br />necessary, and regulatory inspections. 'Oxbow agrees that it will endeavour to schedule these <br />activities so as to minimize interference with landowner or ranch activities on the Properties, but <br />the Parties recognize that the timing requirements of the applicable regulatory authorities may <br />cause some disruption with ranch or Chris Sanchez activities. <br />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 mail with postage <br />prepaid, and return receipt requested, or (iii) by nationally recognized 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 other communication 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 Urtified 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. <br />(b) Fees. The successful Party. ih 'any suit, action or proceeding brought to <br />enforce this Agreement shall be entitled to recover the costs, expenses and fees incurred in any <br />such suit, action or proceeding, includinK attorneys' fees and expenses. <br />d 1.88959 v3 den <br />
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