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ff to Surface Owner; <br />Kenneth R. Ashley & Co. <br />5227 South County Road #7 <br />Fort Collins, Colorado 80525 <br />ff- to s; <br />Twentymile Coal Company <br />29587 Routt County Road #27 <br />Oak Creek, Colorado 80467 <br />Attn: R. A. Mills, Manager <br />Surface/Environment <br />Wtth a golf to: <br />Cyprus Amax Coal Company <br />9100 East Mineral Circle <br />P. O. Box 3299 <br />Englewood, Colorado 80155 <br />Attn: Land Management Dept. <br />23 Further Assurances. Surface Owner, at the request of Cyprus, shall execute <br />and deliver to Cyprus any available instruments, agreements, documents, <br />permits or applications, or any other papers reasonably required by Cyprus, and <br />Surface Owner shall do such other acts as may be reasonably requested by <br />Cyprus, all to effect the purposes of this Agreement. Conversely, Cyprus, at <br />the request of Surface Owner, shall execute and deliver to Surface Owner any <br />available instruments, agreements, documents, permits or applications, or any <br />other papers reasonably required by Surface Owner, and Cyprus shall do such <br />other acts as may be reasonably requested by Surface Owner, all to effect the <br />purposes of this Agreement. <br />24. Cmm r art gnmments. This Agreement may be executed in any number of <br />counterparts and shall be binding upon all owners of interest in the Lands <br />executing the same or a counterpart hereof, whether or not named herein as <br />one of the parties, and whether or not the owners of interests in the Lands have <br />executed other counterparts or have not entered into this Agreement. <br />25. Entire Agammmt. This instrument constitutes the full and complete agreement <br />between the parties regarding the subject matter hereof and all parties executing <br />this instrument have received a copy of same. The terms and conditions of this <br />Agreement merge with and supersede any prior or contemporaneous, oral or <br />written, statements or agreements. <br />26. Severance. Should any portion of this Agreement be declared invalid and <br />unenforceable, then such portion shall be deemed to be severed from this <br />Agreement and shall not affect the remainder thereof. <br />27. Construction. Paragraph headings in this Agreement are inserted for <br />convenience only, and shall not be considered a part of this Agreement, or used <br />in its interpretation. Unless otherwise provided, or unless the context shall <br />cosubsid.0061 tg -10- <br />