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1. Term. The term of this Agreement shall commence on the date on which <br /> J & H commences operations pursuant to a final, nonappealable order from the <br /> Agriculture, Environment & Land Records Committee of Dane County granting CUP <br /> approval, and the term shall continue for five (5) years unless sooner terminated in <br /> accordance with the provisions of this Agreement. Any party may terminate this <br /> Agreement upon written notice if (1) the conditional use permit is revoked for any <br /> reason; or (2) J & H has completed mineral extraction operations on the Property. <br /> 2. Assignment. J & H shall not convey, sell, or transfer all or any part of <br /> the Property, nor assign this Agreement, without the prior written consent of <br /> Blooming Grove, provided, however, that (1) J & H may transfer the Property and <br /> assign this Agreement to a partnership or corporation 100% of whose issued and <br /> outstanding interests or stock is owned by J & H if such entity acknowledges and <br /> assumes this Agreement and J & H's duties and obligations hereunder and such entity <br /> has the ability, both financially and operationally, to comply with the terms of this <br /> Agreement, (2) J & H may transfer the Property and assign this Agreement amongst <br /> themselves; and (3) on the death of any of the owners, the Property may be <br /> transferred and this Agreement may be assigned to the decedent's heirs if such heirs <br /> acknowledge and assume this Agreement and the decedent's duties and obligations <br /> hereunder and such heirs have the ability, both financially and operationally, to <br /> comply with the terms of this Agreement. Consent given by Blooming Grove to any <br /> one assignment shall not be deemed to be a consent given with respect to any other <br /> proposed assignment. <br /> -2- <br />