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Nor -12-04 03 .42 FrwVULCAN MATERIALS CO 3232581583 T-470 P-005/011 F-618 <br />• WASTE ROCK 9TORAGE IIS AG <br />THIS WASTE ROCK STORAGE USE AGREEMENT (the <br />"Agreement") is made this 31st day of august, 1988, by and <br />between CALHAT CO., a Delaware corporation ("CalMat0), and <br />/CALIIF+ORNIA PORTLAND CEI=T COMPANY, n California corporation <br />RZC1TAMZ <br />A. Calxat is the owner of that certain real <br />property situated in the City of Colton,' County of -San <br />Bernardino, 'State of California, as Indicated on the =nap <br />attached hereto as Exhibit "1" (the "Premises") <br />8• CPC is the owner of that certain real ' <br />property situated adjacent to the Premises upon which i <br />property CPC operates a cement production facility (the <br />"Colton facility") <br />C. Pursuant to that certain Agreement by and <br />among CalMait, CPC ar)d Ohoda U.S.A., Inc.. a California <br />corporation ("Onoda U.S.A."), dated July 29, 198$, as amended <br />by Amendment No. i of Agreement dated as of August 31, 1988, <br />by and among CalKat, CPC, Onoda U.S.A. and Onoda California, <br />Inc., a California corporation ("Onoda California") <br />(collectively, the "Onoda Agreement"), CalXat and CPC have <br />agreed to use their best efforts to enter into, as soon as <br />practicable and on commercially reasonable terms acceptable <br />to Onoda California, an agreement wherein CalXat grants CFC <br />the right to store on the Premises Waste rock produced as a` <br />result of CPC's cement production operations at the Colton <br />facility (the "haste Rock"), such Waste Rock to be processed <br />in accordance with guidelines established by CalMat. <br />D. CPC desires to enter onto the Premises to <br />store the Waste Rock on a portion of the Premfses, and <br />CalNat is willing to permit such entry on the terms and <br />conditions hereinafter set .forth. <br />AGREED <br />1. RU. CalMat hereby grants to CPC and its <br />agents a non-exclusive right to use a portion of the <br />Premises to store the Waste Rock at specific locations <br />designated by Calmat, and to enter onto the Premises to <br />perform the compaction or other processing and stdrage of the <br />Waste Rock. CalMat, in its Sole discretion, may, at any <br />time and from time to time,'move such designated locations <br />for the storage of the Waste Rock to other locations on the <br />Premises. <br />2. cgmpllange With -taws. CPC shall obtain, at <br />its own expense, all permits end authorizations or whatever <br />SDO1jG \LiiFMSEd_nGT -- <br />