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• conditions, the AO will give proper notice to the <br />operator/lessee as required under applicable regulations. The <br />AO will order a modification, if necessary, identifying <br />additional reserves to be mined in order to attain MEP. Upon <br />a final administrative or, udicial ruling upholding such an <br />ordered mod 'if`ication, any reserves left unmined (wasted) <br />under that plan will be subject to damages as described in the <br />first paragraph under this section. <br />(4) Subject to the right to appeal hereinafter set forth, <br />payment of the value of the royalty on such unmined <br />recoverable coal reserves shall become due and payable upon <br />Blue Mountain Energy, Inc. <br />(Company or see Name) <br />By <br />(Signafure of Lessee) <br />• (Title) <br />(Date) <br />determination by the AO that the coal reserves have been <br />rendered unnameable or at such time that the operator /lessee <br />has demonstrated an unwillingness to extract the coal. <br />(5) The BLM may enforce this provision either by <br />issuing a written decision requiring payment of the MMS <br />demand for such royalties, or by issuing a notice of non- <br />compliance. A decision or notice of non - compliance issued by <br />the lessor that payment is due under this stipulation is <br />appealable as allowed by law. <br />The United States of America <br />! <br />(Title) &:1rliner <br />Q,,4 a ;d 2 <br />ate) <br />Title 18 U.S.C. Section 1001, makes it a crime for any person knowingly and willfiilly to make to any department or agency of the United <br />States any false, fictitious or fraudulent statements or representations as to any matter within its jurisdiction. <br />