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__ ~_ <br />BK R6 <br />7bJ bib <br />together with all of the mining rights and privileges appurtenant <br />to the Coal Rights leased hereunder and incident to the ownership <br />thereof, and (by way of enlargement, and not by way of <br />restriction), to the extent Lessor may grant them, the following <br />rights and privileges: <br />(a) The exclusive right and privilege to prospect the Leased <br />Premises for coal by core drilling or otherwise; <br />provided, however, that such prospecting operations <br />shall be conducted in accordance with a permit issued by <br />the State of Colorado or other authorized agency, if <br />such a permit is required by law, and shall not include <br />the mining of coal by surface coal mining methods; <br />(b) The right to enter into, upon, over, across and through <br />the Leased Premises, including the surface and the <br />subsurface overlying and underlying the Leased Premises, <br />at such points and in such manner as may be necessary or <br />convenient for the enjoyment of the Coal Rights and for <br />the purpose of mining all the coal hereby leased by any <br />underground mining method, i.e., any method except the <br />strip- or surface-mining method; and <br />(c) The right to have and use the free and uninterrupted <br />right of way into, over, under, upon and across the <br />Leased Premises and the surface and subsurface overlying <br />and underlying the Leased Premises at such points and in <br />such manner as may be necessary or convenient for <br />enjoyment of the Coal Rights and for the mining, <br />removal, processing and marketing of coal from the <br />Leased Premises. <br />In addition, this Lease covers and includes all the present <br />interest of Lessor in the Leased Premises and also leases to <br />Lessee any reversionary, contingent, future or after-acquired <br />interest owned by Lessor. <br />Lessee recognizes that Lessor does nat own the surface <br />of all of the b=ased Premises, and that references in this <br />Section 1 and elsewhere in this Lease to use of the surface in <br />any manner are not representations or warranties by Lessor that <br />surface not owned by Lessor is available for such use. However, <br />nothing in this paragraph shall be deeaaed to diminish the grant <br />of the right of such surface use, on any portion of the Leased <br />Premises, to the extent Lessor is legally able to grant it. <br />2. This Lease shall remain in effect for a primary <br />term beginning on April 18, 1995 and expiring on April 18, 2025, <br />and it shall continue in effect as long thereafter as mining <br />operations (actual mining and removal of coal) are beinq <br />-2- <br />_..sv;+ si3-_~ <br />