2018-07-09_PERMIT FILE - C1981019A ‎(2)‎

• Permit No: C1981019A
• IBM Index Class Name: Permit File
• Doc Date: 7/9/2018
• Section_Exhibit Name: Exhibit 01 Documents and Leases
• Media Type: D
• Archive: Yes

SENT BY:46TH FLOOR ;11- 1-94 ; 15:40 ; DAVIS GRAHAM&STUBBS 3038244459;# 4/ 5
Recp # 3563722 Moffat County, CO OBOOPM Rec-Fee Doc -Fee
Page 3 of 4 Jessie L Rowley, Recorder 09/20/94 20.00 .00
Tract No. 42 of the Resurvey approved June
24,1908, in Sections 11 and 12, Township 3 North,
Range 93 West, 6th Principal Meridian in Moffat
County, State of Colorado;
Tract Nos. 43 and 44 of the Resurvey approved June
24, 1908, in Sections 11, 14 and 15, Township 3
North, Range 93 West, 6th Principal Meridian in
Moffat County, State of Colorado;
containing 520.25 acres more or less, excepting
and reserving, however, unto Assignor an
overriding royalty in the amount of one Dollar
($1.00) per ton (2000 pounds) of coal mined from
the Assigned Portion of the Lease, adjusted
annually utilizing the Producer Price Index -- All
Commodities 1993 Index as the base.
Assignee accepts this assignment and in consideration
therefor covenants and agrees to pay all rentals, royalties and
other charges payable under and to all duties called for by the
Assigned Portion of the Lease and assignments thereof as
hereinabove noted.
Assignee agrees to indemnify and hold Assignor harmless
from any and all liability, claims or causes of action resulting
from or relating to Assignee's actions under the Assigned Portion
of the Lease.
Assignee shall be entitled to recoup against all future
overriding royalties any advance royalties and rentals paid after
the date of this assignment pursuant to the applicable lease
documents. After Assignee has recouped any advance royalties and
rentals it may pay, Assignee shall recoup against future
production for the account of and pay over to Assignor any
advance royalties paid by Assignor prior to the date of this
assignment.
Assignor will not be paid an advance royalty by
Assignee under the terms of this assignment. Assignee and its
successors and assigns shall not have any duty, express or
implied, to Assignor or its successors and assigns to commence or
continue exploration, development or mining operations on the
Assigned Portion of the Lease.
Assignor hereby warrants, covenants and agrees that it
shall WARRANT AND FOREVER defend the Assigned Portion of the
Lease against any and all claims arising by, through or on
account of Assignor's ownership.
This Assignment shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and
assigns.
Exhibit 1, Item 8-4 Revision Date: 12/28/12
Revision No.: RN -06