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„K C.G. Water Stock actually used beginning in the year Lessee starts using Lessor's water shares <br />Lessor will continue to use remainder of his ditch water on other parts of Lessor's farm. Lessor- <br />warrants that it. owns such water rights and may allow Lessee to use such water, however, Lessee <br />shag in no event acquire ownership of any water rights of Lessor Lessor may use the surface of. the <br />Property for farming or any other use until Lessee elects to exercise its Rights stated above If <br />Lossee, in fulfillment of its legal obligabons to reclaim mine lands; undertakes farming. activity on any <br />portion of.the Property, the.Lessee will. cause the Property. to be planted as necessary, and may <br />contract with Lessor, if economically feasible, to farm the Property to the Lessee's;specifications. <br />Lessee agrees to cooperate with L.essor.on choice of reclamation crops... However,. it is expressly <br />understood that final cro P : selection for reclamation must -be :approved 'by the Colorado Division of <br />Minerals and .Geology No pirovis'on of this Lease shah be construed to deprive. Lessee _of the <br />exclusive right to determine the uses to which the Property is to be put after miniing, or the crops, if <br />My; ro be raised, or the methods to be employed and the cflsts to be incurred as. part of such after <br />.mining uses <br />pe . <br />(f) Before Lessee commences to.exerc�se the. Rights s cified: in 3 {b} above; - <br />L:esspt: may remove from the Property at Lessor's expense any buiings, structures or other personal <br />property of Lessor which will, in Lessee's opinion, interfere with Lessee's exerelse of said Rrghts, but <br />faiiure of Lessor . to remove same after having had atleast ninety (90) days to do so, then Lessee may: <br />at its expense, but without any liability to Lessor remove or _destroy same <br />4,. Tffle. <br />(a) Lessor represents and warrants to Lessee that Lessor has title (sufficient in <br />extent and legal quality) to'the Property and Coal, to grant to Lessee the leasehold estate and the <br />Rights specified in this Lease;. Lessor can and does warrant quiet possession thereof, subjedt.only, <br />to those (if any) rights of way, easements, leases, encumbrances, reservations and exceptions of <br />record and the easement for a powerline used to supply two residences located on the adjacent <br />property <br />(b) Lessor shall, at'its expense, provide to Lessee a title ins'Mance commitment, <br />brought, down to current date, showing Title to the Property and Coal in Lessor's name sufficient in <br />5 p <br />