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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 7 of 31 <br /> any operations or Mining Activities within the area of the Support Coal, Columbia sliall have the <br /> right, but not the obligation, to conduct such testing, sampling, and inspections as Columbia, in its <br /> sole discretion, deems necessary in order to confirm that CAM has complied with this Section 5.1 <br /> and that such Support Coal remains in place. <br /> Section 5.2 Cost and Control of Operation. Columbia agrees to perform all of its <br /> operations related to the Relocation at its sole cost and expense. Columbia sliall supervise and <br /> direct all of the operations related to the Relocation, using current industry practices,and Columbia <br /> sliall be solely responsible for and have control over the means, methods, tecliniques, sequences, <br /> and procedures of all operations related to the Relocation. CAM agrees to perform all of its Mining <br /> Activities at its sole cost and expense. CAM sliall supervise and direct all of the Mining Activities <br /> using current industry practices, and CAM sliall be solely responsible for and have control over the <br /> means, methods, tecliniques, sequences, and procedures of all Mining Activities. <br /> Section 5.3 Affiliates and Contractors. The Parties understand and agree that operations <br /> conducted on the Subject Property pursuant to this Agreement may be performed, in whole or in <br /> part,on belialfOf Columbia or CAM by an Affiliate of such Party,or by a third-party under contract <br /> With such Party (or an Affiliate of such Party). Each such Affiliate or third-party contractor sliall <br /> be responsible for full and complete compliance with the terms and conditions of this Agreement. <br /> Each of CAM and Columbia is liable to each other Party for all acts,omissions,or defaults of such <br /> Party's Affiliates or third-party contractors to the same extent as if they were the acts,omissions or <br /> defaults of such Party. <br /> Section 5.4 Crossings. At the two (2) locations depicted on Exhibit B within the <br /> "relocation corridor" on the Cedar Grove Level and Alma Level, Columbia agrees to construct, at <br /> its sole cost and expense, road crossings such that CAM can cross the Easement to conduct its <br /> Mining Activities and access its coal reserves. CAM and its Affiliates and their respective <br /> employees, agents, contractors, and subcontractors sliall not travel across the Easement with <br /> machinery, equipment or vehicles except at such locations. <br /> Section 5.5 Air Blasting. Subject to any restrictions or limitations relating to the <br /> Support Coal, CAM sliall be permitted to mine within one hundred (100) feet of the Pipeline so <br /> long as all blasting activities do not exceed a peak particle velocity of four (4) inches per second. <br /> In the event that CAM requests that Columbia execute a waiver to be filed or provided by CAM <br /> with or to any applicable governmental body or agency with respect to any blasting activities <br /> associated with CAM's Mining Activities on the Subject Property,Columbia agrees to duly execute <br /> and provide the same within ten (10) business days of its receipt of such request from CAM for the <br /> same, so long as the proposed blasting activities are in accordance with this Section 5.5. It is <br /> expressly understood and agreed by CAM and Columbia that no such waiver shall be required for <br /> Colombia's operations related to the Pipeline. For avoidance of doubt, any costs incurred by CAM <br /> associated with any applicable blasting restrictions resulting From the presence of the Pipeline near <br /> CAM's Mining Activities are expressly included in the Consideration. <br /> 6 <br />