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22. Survival of all Representations and Warranties. The representations, warranties, covenants, <br />and agreements of Seller and Purchaser contained in this Contract shall survive the CIosing <br />hereunder and the delivery and recordation of the Deed pursuant to this Contract. <br />23. Notices. All notices, elections or other communications authorized, required or permitted <br />hereunder shall be made in writing and shall be deemed given when personally delivered or when <br />deposited, U.S. certified or registered mail, postage prepaid, return receipt requested and <br />addressed as follows: <br />To the Seller: Snowcap Coal Company <br />Keith I. Davis <br />155 W. Nationwide Blvd. <br />Columbus, OH 43215 <br />Phone: 614-583-7455 <br />Fax: 614- 583-1628 <br />To The Purchaser: Rudolph Fontanari <br />3316 E 3/4 Road <br />Clifton, CO 81520 <br />Phone: 970-434-7948 <br />25. Reclamation Rights. Seller is in the process of reclaiming the herein described land (the <br />"premises") in accordance with its obligations under Permit No. C-81-041 ("Permit"), issued by <br />the Colorado Division of Minerals and Geology ("DMG") pursuant to the Colorado Surface Coal <br />Mining Reclamation Act, C.R.S. 34-33-101, et seq. ("Act") and the associated regulations. <br />Seller will reserve an easement and Purchaser agrees to grant to Seller and its successors and <br />assigns, the right of direct and immediate access in, on, under, over and through the Premises, <br />and the right to use the Premises, in any reasonable fashion, all for the sole and exclusive <br />purpose of performing Purchaser's reclamation and monitoring obligations under the Permit, the <br />Act, as such obligations now exist and may later be modified. Seller shall also have the right of <br />ingress and egress to and from the Premises over and through any adjacent lands, to the extent <br />that Purchaser now has or may in the future obtain any interests in such adjacent lands. Without <br />Iimitation, the rights reserved shall include the right to perform all reclamation and monitoring <br />activities which are specified in the Permit or that may otherwise be required by the DMG or <br />other governmental agencies which have or may subsequently obtain jurisdiction over such <br />activities, including the right to bring all equipment, supplies and personnel onto the Premises <br />which may be necessary or convenient to perform such reclamation and monitoring activities. <br />Doc #192515.v2 Date. 7/11103 2:23 PM <br />TR -69 A145-57 <br />12116 <br />