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II�IIIIIIIIIIIIIII�IIIII�IIII�II�IIIIIIIIIIII�IIIIIIIII •IPage:8YJ2/20of 43 041:48F Kay Watnland Rout county, CO MEMENT R 216.00 D 0.00 granted to Grantee hereunder; however, Grantor agrees that it shall not use the Easement Lands in any manner which unreasonably Interferes with or is dangerous to the operations of Grantee hereunder. Should the Easement Lands become unstable due to the effects of subsidence such that said Easement Lands are rendered untenable for the uses and purposes set forth herein, Grantee may remove and relocate the Facilities to a more suitable location(s) which site(s) shall be mutually agreed upon by both Grantor and Grantee. Subject to the provisions of the last paragraph of this Section, if such subsidence is the result of mining activities occurring after the effective date 'of this Agreement, then such relocation shall be at the entire cost of Grantor, and shall include the grant of additional Easement Lands as reasonably necessary at no cost to Grantee, but Grantee's remedies for direct damages suffered as a result of such subsidence shall not be limited thereby, It being under$tood and acknowledged, however, that all consequential damages arising out of or resulting from such subsidence are hereby expressly waived by Grantee. Such grant of additional Easement Lands as referenced above, shall.be made by amendment of Exhibit "A" of this Agreement. Grantee expressly agrees that unless any future subsidence Is the direct result of mining activlties which are conducted by Grantor after the effective date of this Agreement, Grantor shall have no liability with respect to any future subsidence of any of the Easement Lands, including but not limited to, the costs of relocation of the Facilities. During the months of May through October, special attention shall be given so as to not unreasonably interfere with or disrupt livestock activities, If any. ' Grantee acknowledges ,that..lt has been advised by Grantor that there is a risk of subsidence associated with present and future mining of the coal seam commonly known as the Wolf Creek seam. Grantee further acknowledges that it is, aware that a portion of the Easement Lands run over and across approximately three-fourths (3/4) of a mile (- 0.75 mi.) of the Wolf Creek seam, as depicted on the Exhibit "C" attached hereto and made a part hereof; (the "Affected Area"). Notwithstanding anything to the contrary contained in this Agreement, Grantee hereby releases Grantor from any and all liability associated with or as a result of subsidence occurring to the Affected Area In connection with Grantor's mining of the Wolf Creek seam at any time after the date of this Agreement. In the event subsidence occurs .to the Affected Area, the parties hereto agree and acknowledge that Grantee may remove and relocate the Facilities to a more suitable location(s) which site(s) shall .be mutually agreed upon'- by -both Grantor and Grantee. Any such removal and relocation of the Facilities shall be at the sole cost, risk and expense of Grantee. 6. In the event Grantor wishes to place any buildings, structures, whether temporary or permanent,• objects, signs, or wells (each an "Improvement") on the Easement Lands, make any excavation of the Easement lands, or cause the grade of the surface of the Easement Lands to be materially altered, then Grantor shall request Grantee's consent in writing, and shall provide such additional information to Grantee as may be reasonably required .by Grantee In connection therewith. Grantee's consent shall not be unreasonably withheld or delayed. Grantor shall -not allow any Improvements to be placed or permitted to remain on, under, or over said Easement Lands, make any excavation of the Easement