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Management Agreement <br />This Management Agreement ("Management Agreement") is effective as of and <br />is hereby entered into between Ca1Mat Co., a Delaware corporation doing business as Vulcan <br />Materials Company, ("Vulcan" or "Assignor"), , ("Management Entity" <br />or the "Assignee"), and the United States of America, acting through the Authorized Officer of <br />the United States Fish & Wildlife Service ("USFWS"). This Management Agreement is entered <br />into pursuant to the Colton Dunes Conservation Bank Agreement ("Conservation Bank <br />Agreement") which was entered on 2005 between Vulcan and USFWS <br />RECITALS <br />A. Assignor is the possessor of legal title to the property ("Property") as the property is <br />defined in the Conservation Bank Agreement. <br />B. Assignor entered into the Conservation Bank Agreement with the USFWS to establish <br />the terms and 'conditions for. a Conservation Bank .on the Property known as the Colton Dunes <br />Conservation Bank ("Bank"), <br />C. Pursuant to the Conservation Bank Agreement, Assignor may assign to a third party <br />("Management Entity") approved by the USFWS, Assignor's rights, duties and obligations under <br />the Conservation Bank Agreement, any applicable conservation easements arising out of the <br />Conservation Bank Agreement, and the Habitat Enhancement and Mitigation Plan ("HEMP"), <br />referenced in the Conservation Bank Agreement: <br />D. The Assignee desires to assume all of the obligations of the Assignor which have accrued <br />or will accrue, and to receive all of the rights and benefits, under the Conservation Bank <br />Agreement; <br />E. The Assignor desires to arrange for the performance of the Conservation Bank <br />Agreement by the Assignee; <br />F. The USFWS has assured itself that the Assignee has the ability to meet the same <br />requirements as required of the Assignor under the Conservation Bank Agreement. <br />NOW, THEREFORE, in consideration of the Assignee hereby assuming all of the obligations <br />and receiving all of the rights and benefits under the Conservation Bank Agreement, it is agreed <br />as follows: <br />1. ASSIGNMENT <br />1.1 The Assignor agrees: <br />1.1.1 That the USFWS, once it approves this Management Agreement, is <br />authorized to deal solely with the Assignee, and without notice to the Assignor, in all matters <br />