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Page 6 i. Water usage by mining activities shall not adversely affect adjacent residential wells. Mitigative measures may include, but are not III limited to, curtailing of pumping activities until water levels return. (1$) Signage 1 Signage for the operation shall be that which is permitted for an industrial operation in a medium industrial zone. (1 9) Fencing The operator shall fence the perimeter of the site with a four (4) foot high fence with support post every ten (10) feet. (20) Berming Berms shall be constructed on the site as described in the operator's application. (19) Other Permits The Operator shall obtain all state and federal permits appropriate to their operation and file copies of said permits with the City. 4.) General Provisions- • (011 Permits- Operator agrees to comply with all of the provisions hereof and agr es to save and hold the City harmless from any and all claims or actions ari ng from the operations of the Operator on the Property. (02) Binding Effect- The terms and provisions hereof shall be binding upon, and inure to the benefit of the heirs, representatives, successors, and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Operation and shall be deemed covenants running with the land. This Agreement shall be placed of record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Property, and all recording fees, if any, shall be paid by the Operator. (03) Severable- In the event that any portion of this Agreement shall be held invalid for any reason, the .same shall not affect in any respect whatsoever the validity of the remainder of this Agreement. (04)! Waiver- Any waiver, whether express or implied, by any party of a breach of y provision of this Agreement will not operate as or be construed to be a wai er of any subsequent breach of this Agreement. I • s:\b&z\stever\graycup.doc