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In conducting operations on and in accessing the Property and adjacent properties, Seller shall <br />use existing roads, gates, facilities and improvements whenever practical, and shall have the right <br />to construct and use new facilities and improvements as may be necessary or convenient for its <br />reclamation and monitoring obligations. Upon expiration and/or termination of its obligations, <br />Seller shall remove all of its equipment and materials from the Property and shall restore the <br />same in accordance with applicable requirements in or consistent with the Permit, as it may be <br />revised from time to time, the Act and its implementing regulations. <br />The material terms of this paragraph will be included in the deed. <br />Purchaser warrants to Seller that it has full capacity, power and authority to enter into and <br />perform this Contract according to its terms. <br />DATED this 2 l day of ul , 2003. <br />SNOWCAP COAL COMPANY <br />By: <br />David G. to o, President <br />PURCHASER <br />By: <br />Ethel C. Fontanari <br />Doc #192515.V2 Date: 7/11/03 2:23 PM <br />TR -69 A14-5-58 <br />12/t6 <br />