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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, Marvin 1-1. White 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. Marvin H. White <br />acknowledges that once such activities commence they will need to be completed in accordance <br />with Oxbow's schedule Oxbow shall avoid commencing such activities during hunting season <br />that would preclude hunting during ' 616ds when Landowner has hunting activities previously <br />scheduled on the Properties, and Landowner shall notify Oxbow promptly of all hunting <br />activities scheduled on the Properties. The parties shall also coordinate commencement of spring <br />time activities in order to minimize disturbance of deer fawning and elk calving. <br />3. Access. In exchange for the consideration set forth herein, Marvin H. White 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, Marvin H. White shall promptly allow access to Oxbow for the <br />purpose of completing the Survey Activities, constructing Exploration Access Roads, or <br />exploration drilling or environmental monitoring activities on the Properties. Any Exploration <br />Access Roads shall, whenever possible, use existing gravel, dirt or two track roads to access <br />Exploration Drillhole Pad locations or Ground Water Well Monitoring Sites. However, when no <br />appropriate access roads exist, Oxbow may use a bulldozer to develop an Exploration Access <br />Road. Unless otherwise agreed by the Parties, all Exploration Access Roads shall be reclaimed <br />by Oxbow at the conclusion of its activities.'d,nder this Agreement. <br />4. Term. The terra of this 'Agreement shall commence as of the Effective Date and <br />shall continue for a term of 2 years from the Effective Date, 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 />91488959 v3 den <br />