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Case 1:20-bk-12043 Doc 454-1 Filed 10/06/20 Entered 10/06/20 15:40:33 Desc <br /> Exhibit A Page 6 of 31 <br /> Subject Property under this Agreement or in any way related to the Pipeline. Without in any way <br /> limiting the generality of the foregoing, the Consideration sliall represent full and complete <br /> satisfaction and payment to CAM for the Support Coal. <br /> ARTICLE IV <br /> GRANT OF RIGHTS <br /> Section 4.1 Pipeline Casement and Right-of-Way. Concurrently upon execution of this <br /> Agreement, CAM sliall execute and join the easement agreement("Easement Agreement") fi-om <br /> the Owners to Columbia, pursuant to which Columbia maintains a right of way and easement on <br /> the Subject Property for the Pipeline. Operations under and pursuant to the Easement Agreement <br /> sliall be governed by this Agreement, and in the event of a conflict between the terms of the <br /> Easement Agreement and the terms hereof,the terms of this Agreement sliall govern and control. <br /> Section 4.2 CAM Use. Except as otherwise expressly set forth herein,CAM sliall not <br /> (a) construct or cause to be constructed any permanent or temporary structures or obstructions of <br /> any kind within the Easement, or(b) store or operate any machinery, equipment or vehicles within <br /> the Easement. <br /> Section 4.3 Relocation, The Parties acknowledge and agree that, notwithstanding <br /> anything herein or in the Easement Agreement, in no event sliall Columbia be required to relocate <br /> the Pipeline, provided, however, that Columbia agrees to relocate the designated segment of the <br /> Pipeline as depicted on Exhibit B by June 30,2020(the"Relocation"), <br /> Section 4.4 No Obiection and Cooperation. CAM agrees to fully cooperate with and <br /> supparl Colombia's permitting and regulatory approval activities with respect to the Pipeline. CAM <br /> sliall not(and sliall cause its Affiliates not to):(a)object to any applications and submittals to FCRC <br /> or any third parties or governmental entities by Columbia or its Affiliates with respect to the <br /> Pipeline or the Relocation; or (b) appeal any approval, declaration, permit, or order in favor of <br /> Columbia or its Affiliates with respect to the Pipeline or the Relocation. Each Party sliall be <br /> responsible for its own costs associated with its respective permits, consents, and approvals. <br /> ARTICLE V <br /> OPERATIONS <br /> Section 5.1 Support Coal. Columbia has determined that the necessary coal within and <br /> underlying the Subject Property required to be left in place to protect the integrity of the Pipeline is <br /> as described and depicted on Exhibit C attached hereto and incorporated herein ("Support Coal") <br /> CAM hereby expressly agrees, on belialf of itself, its affiliates,subsidiaries,successors,and assigns <br /> to leave all Support Coal in place as described and depicted on and in accordance with Exhibit C. <br /> Neither CAM nor its affiliates, subsidiaries, successors, or assigns sliall mine the Support Coal. <br /> Columbia acknowledges and agrees that CAM is currently conducting operations or Mining <br /> Activities in the area of the Support Coal, and CAM agrees not to interfere with or damage the <br /> Support Coal in the process of such operations and Mining Activities, Upon CAM's completion of <br /> 5 <br />