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EXHIBIT "B" - CONTINUED <br />with the Lands. Should there be any discrepancy between this Memorandum and the <br />Agreement, the Agreement shall control. <br />The primary term of the Agreement shall commence on the effective date of the <br />Agreement and end at 12:00 midnight on the 31 st day of July, 2005 unless otherwise <br />extended In accordance with the Agreement. <br />Copies of the Agreement may be found at the above indicated addresses of the <br />parties. <br />This Memorandum may be executed in any number of counterparts and shall be <br />binding upon all owners of interests in the Lands executing the same or a counterpart <br />hereof, whether or not named herein as one of the Surface Owners, and whether or <br />not other owners of interests in the Lands have executed other counterparts or have <br />not entered into the Agreement. <br />All the terms, conditions and covenants of the Agreement shall be binding upon and <br />shall inure to the benefit of the heirs, successors and assigns, respectively, of each of <br />the parties hereto. <br />IN WITNESS WHEREOF, Surface Owner and Cyprus have executed this Memorandum <br />effective the date first above written. <br />SURFACE OWNER: <br />KENNETH R. ASHLEY & CO. <br />By: <br />Kenneth R. Ashley <br />President <br />CYPRUS: <br />CYPRUS WESTERN COAL COMPANY <br />By: <br />William ivy <br />Vice President <br />cosubsid.00611tg -1115- <br />