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Page 7 <br />the pump operation. Thereafter, the aforementioned <br />• wells shall be tested a minimum of twice per month, said <br />frequency to be increased during dry periods. This routine <br />testing shall also be done for the water recycling pond. <br />h. Water usage by mining activity shall not adversely affect <br />adjacent residential wells. Mitigative measures may <br />include, but are not limited to, curtailing of pumping <br />activities until water levels return. <br />i. The appropriate storm water permit shall be obtained by <br />the operator from MPCA. <br />4.) General Provisions- <br />(Ol) Permits- Operator agrees to comply with all of the provisions <br />hereof and agrees to save and hold the City harmless from any and all <br />claims or actions arising from the operations of the Operator on the <br />Property. <br />(02) Bindine Effect- The terms and provisions hereof shall be binding <br />upon, and inure to the benefit of the heirs, representatives ,successors, <br />• and assigns of the parties hereto and shall be binding upon all future <br />owners of all or any part of the Operation and shall be deemed <br />covenants running with the land. This Agreement shall be placed of <br />record so as to give notice hereof to subsequent purchasers and <br />encumbrances of all or any part of the Property, and all recording fees, <br />if any, shall be paid by the Operator. <br />(03) Severable- In the event that any portion of this Agreement shall <br />be held invalid for any reason, the same shall not affect in any respect <br />whatsoever the validity of the remainder of this Agreement. <br />(04) Waiver- Any waiver, whether express or implied, by any party of <br />a breach of any provision of this Agreement will not operate as or be <br />construed to be a waiver of any subsequent breach of this Agreement. <br />(05) Notices- All notices and demands specified herein shall be <br />deemed appropriately and timely given when delivered personally or <br />deposited in the United States mail to the addresses hereinafter set <br />forth by certified mail (return receipt requested). The addresses of the <br />parties hereto are as follows until changed by written notice given as <br />above: <br />• <br />cupSHIELbz/sr <br />