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FIItST AMEND14iENT <br />TO <br />AMENDED AND RESTATED UNDERGROUND COAL LEASE <br />TICS FIRST AMENDMENT TO AMENDED AND RESTATED UNDFIZGROUND <br />COAL LEASE ("First AmetrdmenY~, dated effective as of July 29, 2003 ("Effective Date', is <br />by and between MOUNT GUNNLSON FUEL COMPANY, a Colorado corporation ("I.esso~ <br />and MOUNTAIN COAL COMPANY, L.L.C., a Delaware linutcd liability company ("Lessee'. <br />RECITALS <br />A Lessor and Lessee's immediate predecessor in interest, Mountain Coal Company, <br />a Delaware corporation, entered into an Amended and Restated Underground Coal Lease dated <br />as of April 18, 1995 ("Restated Lease'), covering certain lands lucattxl in Crwtnison County, <br />Colorado. <br />B_ Lessor and Lessee desire to execute ibis First Amendment rte iucludc additional <br />lands in and grant additional rights tinder the Restated Lease. All capitalized terms not expressly <br />defined in this First Amendment shall have the meanings assigned to them in the Restated Lease. <br />AGREEA~N'f <br />NOW, TIIEIZEFORE, in consideration of $10.00 and outer good and valuable <br />considerarion, the receipt and sufficiency of which are hereby aclmowledged, the parties hereby <br />agree as follows: <br />i. Leased Premises. Section 1 of the Restated Lease shall be, and hereby is, <br />amended by including the following lands as Leased Premises: <br />"Township 14 South Range 90 West <br />Section 6: HES #204. <br />Township 13 South. Range 90 Wesi <br />Section 31: Ef2SWl4, E2NW/4SW/4 (aka Lots 8 and 11, F/2 of Lot 9)" <br />2. Staart° Area Lands. Section I of the Restated Lease shalt be, and hereby is, <br />amended by adding the following paragraph at the end of Section 1: <br />"In addition to all other rights granted under this Section 1, Lessor <br />expressly leases to Lessee for the extended tens of this Lease the <br />following lands for all purposes related to Lessee's coal mining <br />operations, includine, without limitation, staging equipment, <br />supplies and personnel for conducting coal mine drilling activities, <br />together with the right to sublease all or part of sash lands for <br />~863~9-44"~~ll <br />