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Board will not enter into this MOU. If the Board approves the MOU, the County will take all steps necessary to implement this MOU. Should the plant be moved to an offsite location, Granite will comply with the appropriate agency requirements for relocating the asphalt plant. 3.5 Timelv Grantina, by County to Granite, of All Required and Necessary Permits• All ministerial permits necessary to move and operate the Asphalt Plant in the New Location shall be obtained by Granite or CEMEX. The County will use its best efforts to expedite and approve its ministerial permit for the relocation -- the building permit (which is the only permit that the County believes at this time that it will need to issue). If Granite's application for the building permit is deemed complete by September 15, 2007, and Granite responds promptly to all requests by the County for clarification/additional information regarding the permit application and meets all permit requirements, the County will issue the permit according to the schedule in Exhibit B (i.e., no later than October 30, 2007). Granite is solely responsible for obtaining any and all permits necessary to relocate to an Offsite Location. 3.6 Timeline for Relocatina to the New Location: CEMEX has prepared the New Location, a former quarry, by filling it. Granite has confirmed that the New Location has geotechnical conditions acceptable for constructing the Asphalt Plant. Granite's schedule anticipates the shut down of the Asphalt Plant on January 18, 2008 to relocate the plant to the New Location. 3.6.1 Expected Date of Granite's Relocation of Asphalt Plant to New Location: Provided this agreement is fully executed on or before August 1, 2007 by the County and Granite, Granite will use its best efforts to relocate the Asphalt Plant to the New Location or to an Offsite Location by March 31, 2008, ("Relocation Date"). It is understood that the City will consider the approval and authorization to enter into this MOU on or before August 31, 2007. If the City does not authorize the execution of this document by August 31, 2007, then this MOU can be terminated immediately at Granite's sole discretion. If for any reason the County, or the City delays Granite's relocation beyond the Relocation Date by not timely granting the necessary approvals to allow Granite to relocate by the Relocation Date, then: 1. the Relocation Date is extended to March 31, 2009, and 2. the limitations set forth in Article 7 shall apply starting March 31, 2008. Furthermore, if for any reason other than delays caused by the County or City, Granite is unable to relocate the Asphalt Plant by the Relocation Date, Granite may request from the County an extension of time from the Relocation Date, the granting of which is in the County's sole discretion. In no event shall the Asphalt Plant continue to operate at its current location after March 31, 2009 ("Stop Production Date"). 3