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Ll <br />JUN 81977 <br />S. The Contractor shall have the right to dispose <br />of water pumped from the excavation area to the existing lake <br />area or adjacent drainage ditches as may be required by 'the <br />Contractor. <br />6. The Owner shall have the ri'pht to excavate -and <br />renove fill fron the approximate six acres of the pit designated <br />on the attached map. This excavation will be covered by the <br />Contractor's bond, therefore, the Contractor shall have the <br />right to enforce the provisions of the luring permit as against <br />the Owner, and will have the right,to stop the -Owner from mining <br />or removing fill for noncompliance with the Fining Perrit or this <br />Agreement. If the Contractor has to do restoration work because <br />of'the Owner's activities, the cost of same shall immediately be <br />paid by the Owner upon submission of Contractor's invoices. The <br />Contractor has no responsibility for the actions of the Owner <br />of the property, other than to enforce the provisions of the <br />Mining Permit and this Agreement, The Owner shall be responsible <br />for the safety and protection cf his own work areas and operations <br />and shall conduct the same so as not to interfere with the Con- <br />tractor's excavations, storage or removal of -material. <br />7. The Contractor shall pay the Owner 30¢ Per Cubic <br />Yard for material removed by the Contractor from the site. The <br />Contractor spall make payment to the Owner each month for material <br />removed during the prior month. This quantity will be based on <br />the Contractor's records. The Owner has the right to cross- <br />section the pit at anytime to verify the Contractor's quantities. <br />Final measurer•:ent shall be by cross-section of 'the Contractor's <br />borrow pit area. "leasurement shall he made by Surveyor or <br />Engineer acceptable to both parties-. Stored or stockpiled matarial <br />on the site shall not be paid for until it is removed from the <br />property. a <br />S. This Agreement shall be for a term'6f four (4) <br />years from the date hereof.. It may be extended upon mutual <br />agreement of both parties. If the Agreement is not extended at <br />-2- <br />30 43 <br />