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Frank * E. and MaryLAVMorgan <br />P. O. Box 4 <br />Nucl* CO 8142.4:. <br />(970)8644'4.73-, <br />April 8; 2003 <br />R. Lance* "fade, Mir t `Manager <br />Western Fuels -Colorado, LLC <br />P.O. Box -628 <br />XqCU, CO 81424-0628 <br />RE: Aiiiendrnezit to Coal Mining Lease Dated September 10, 1998 - <br />..W ' We th&-lMdersigned hereby request that Section 8. Lessiet?sAdidiftoRat ffinegits. <br />be att - ended W iholude the following: <br />Alght-Of First,161841. Lessor shall have a right of first refusal to perform any <br />*&k�rellftedlo farming of Lessor's property that is mined by Lessee (the <br />Rift of First Refusal "}. The farming work subject to•the Right of First <br />Refusal includes seed -bed preparation, seeding, fe Hzing, irrigation and <br />fencing. that Lessee elects to have per-formed by third party contractors. <br />(ii) Nin:tlf Work to be Performed. Prior to performing any work subject to the <br />Right of First Refusal, Lessee shall give Lessor reasonable notice of the work <br />to be performed (including the material specifications related to the work) and <br />the•low-bid price for similar work paid by Lessee under Farming and Irrigating <br />Contrac.'ts in effect at the trine (the "Low Bid Price')., Lessor shah have the <br />-.option to'eithor p'er'form the specified work at the LowBid Price or allow <br />Lessor to contract with-third parties to have such wont performed.. <br />a. lathe event Lessor elects to perform the work, Lessor shall perform the work <br />in accordance with Lessee's specifications and Lessor shall be compensated <br />'by Lessee at the Low Bid Price., <br />b. In the event Lessor elects not to perform the Wdtk, Lessor's Right of Firat of <br />Refusal with respect to the work which Lessor has elected not to perform -shall <br />terminate. Lessee shall be entitled to contract with third parties with respect to <br />such work and Lessee shall not be required to re-offer such work to Lessor at <br />the time Lessee enters into a contract with a third party until that contract <br />expires and is rebid. <br />Harvesting of Crops. For crops planted on Lessor's property that is mined by <br />I <br />f. <br />