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2 <br />Western and Peabody may individually be referred to as a Party, and collectively as the Parties. <br />The Parties agree to the terms and conditions set forth as follows: <br />1. Western, at the sole expense of Peabody, shall: <br />1.1. Perform an initial analysis and scope for the proposed structural analysis. <br />1.2. Provide the requirements, estimated cost, and estimated schedule for Western's <br />resources to perform the structural analysis. <br />1.3. Provide Peabody with Plan and Profile (P &P) drawings of Western's transmission <br />lines in the study area. <br />1.4. Complete the structural analysis and provide a report in two parts as follows: <br />Part 1 will include an evaluation of whether the facilities can accommodate the <br />predicted subsidence. Peabody will review Part 1 and may meet with Western to <br />discuss the results prior to Western commencing Part 2. If the facilities are <br />determined to be unable to accommodate the predicted subsidence, Western will, <br />as Part 2, conduct additional analysis to (a) determine the magnitude of <br />subsidence movements that could be tolerated by the undermined structures <br />without risk of losing the line(s), and (b) determine the nature and cost of <br />implementing structural measures that, if possible, could mitigate the risk of <br />losing the line(s) to a tolerable level. <br />1.5. Provide Peabody access to models and model codes used in the analysis along <br />with the engineering calculations that were performed. <br />1.6. Evaluate the risk of losing the line(s) in the study area. <br />1.7. Attend meetings, review work, and provide comments on the work under this <br />Agreement. <br />1.8. Prepare this Agreement and other related correspondence or contract work, as <br />appropriate. <br />2. Peabody, at its sole expense, shall: <br />2.1. Pay all costs for the work performed under this Agreement. <br />2.2. Provide Western with LiDAR information for the study area. <br />2.3. Provide Western with the Sage Creek Mine Subsidence Study to include <br />time - phased subsidence predictions for various stages of face retreat. <br />2.4. Review any associated documents, correspondence, and related work, as <br />appropriate. <br />