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Nov -12-04 03:42pe Fron-VULCAN MATERIALS CO. WqW 3232581583 T-470 F.005/011 F-616 WASTE ROCK STORAGE USE =VH1:NT TRIS. WASTE ROCK STORAGE USE AGREEMENT (the "Agreement") is made this 31st day of August, 19s8, by and between CAUMT CO., a Delaware corporation ("calKata), and CALIFORNIA PORTLAND CEMENT COMPANY, A California corporation' ("CBC"j FXCITAIA A. Calmat is the owner of that certain real property situated in the City of Colton, County of -San Bernardino, State of California, as indicated on the map attached hereto as Exhibit "A" (the "Premiseaw). 13. CPC is the owner of that certain real property situated adjacent to the Premises upon Which property CPC operates a cement production facility (the "Colton facility) C. Pursuant to that certain Agreement by and among Ca1Mat, CPC ar)d Onoda V.S.A., Inc., a California corporation ("Onoda U.S.A."), dated Zuly 19, 1988, as amended by Amendment No. i of Agreement dated as of August 31, 1988, by and a4ong CalKat, Cpc, Onoda U.S.A. and Onoda California,_ Inc., a California corporation ("Onoda California%) (collectively, the "Onoda Agreement"), CalXat and CPC have agreed to use their best efforts to enter into, as soon as practicable and on commercially reasonable terms acceptable to Onoda California, an agreement wherein CalMat grants CpC the right to store on the Premises waste rock produced as a result of CPCls cement production operations at the Colton Facility (the "Waste Rock"), such Waste stock to be processed in accordance with guidelines established by CalKat. D. CPC desires to enter onto the premise6 ta, store the Waste Rock on a portion Of the Premises, and CalKat is tilling to permit such entry on the terms and conditions hereinafter set forth. AGREEMEZ!�1*1' - - Y. UU. CelXat bereby grants to Cpc and its agents a non-exclusive right to use a portion of the Premises to store the Waste Rock at specific locations designated by CalKat, and to enter onto the premises to perform the cOxPaction or other processing and storage of the Waste Rock. CalKat, 1n its sole discretion, may, at any tune and from time to tilae, move such designated locations for the storage of the Waste Rock to other locations on the Premises. �. �QmPllance faith Laws. CPC shall obtain, at Its own expense, all permits 4nd authorizatlons of Whatever SDOi�GI\tJCEMSE6_A,R