Cloud. Lordsburg Mining acknowledges its obligation pre-existing this Agreement to remove its processing plant at St. Cloud’s Winston site (the “Processing Plant”) and shall also remove the Sierra County Equipment from the Winston site. St. Cloud hereby extends the period for completing removal of the Processing Plant to, and Lordsburg Mining hereby agrees to remove the Sierra County Equipment by, a date no later than 60 days after Closing. St. Cloud shall prior to removal and at its cost disconnect any electrical or other utility connections to the Processing Plant and the Sierra County Equipment and remove any of its own equipment and material that would interfere with Lordsburg Mining’s removal of the Processing Plant and the Sierra County Equipment. Lordsburg Mining shall, at no cost or risk to St. Cloud, except as and to the extent (i) provided in this Section 9.1 or (ii) that St. Cloud may hereafter assume any risk pursuant to a written agreement with Lordsburg 11 Mining, remove the Processing Plant and the Sierra County Equipment from the Winston site without materially disrupting St. Cloud’s operations or damaging St. Cloud’s buildings or other facilities. St. Cloud shall without material cost to itself cooperate with Lordsburg Mining in providing access for and facilitating such removal. Lordsburg Mining shall conduct such removal in material compliance with all applicable laws and shall promptly repair any damage it causes to St. Cloud’s property by such removal.
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Cloud. Lordsburg Mining acknowledges its obligation pre-existing this Agreement to remove its processing plant at St. Cloud’s Winston site (the “Processing Plant”) and shall also remove the Sierra County Equipment from the Winston site. St. Cloud hereby extends the period for completing removal of the Processing Plant to, and Lordsburg Mining hereby agrees to remove the Sierra County Equipment by, a date no later than 60 days after Closing. St. Cloud shall prior to removal and at its cost disconnect any electrical or other utility connections to the Processing Plant and the Sierra County Equipment and remove any of its own equipment and material that would interfere with Lordsburg Mining’s removal of the Processing Plant and the Sierra County Equipment. Lordsburg Mining shall, at no cost or risk to St. Cloud, except as and to the extent (i) provided in this Section 9.1 or (ii) that St. Cloud may hereafter assume any risk pursuant to a written agreement with Lordsburg 11 Mining, remove the Processing Plant and the Sierra County Equipment from the Winston site without materially disrupting St. Cloud’s operations or damaging St. Cloud’s buildings or other facilities. St. Cloud shall without material cost to itself cooperate with Lordsburg Mining in providing access for and facilitating such removal. Lordsburg Mining shall conduct such removal in material compliance with all applicable laws and shall promptly repair any damage it causes to St. Cloud’s property by such removal.
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