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1, 1981, between Alvin E. Wiggins, Yvonne Wiggins and Trinidad Basin Mining, Inc., and if such tender is not accepted within fourteen (14) days following execution of this document, TBM shall, upon request, execute all documents and do all acts nec- essary to transfer the Mining Permit together with all rights appurtenant thereto to American Carbo-Minerals, Corp. Plain- tiff, on behalf of itself and American Carbo-Minerals, Corp. hereby agrees that the Mining Permit shall not be transferred to any party other than The Victor-American Fuel Company with- out the prior written consent of these defendants, which shall not be unreasonably withheld if such transfer is to an entity in which Plaintiff or Plaintiff's shareholders own a control- ling interest. Such right to consent shall continue to apply to all transfers among entities in which Plaintiff or Plain- tiff's shareholders own a controlling interest. Plaintiff and these Defendants also agree that nothing contained herein shall be construed to affect the legal obligation of either the orig- inal lessee or TBM to reclaim those lands affected by mining operations conducted prior to the effective date of the assign- ment of the Mining Permit to American Carbo-Minerals, Corp. and further that such reclamation shall be completed in such manner as fully complies with all pertinent state andjor federal laws, rules and/or regulations. Plaintiff shall be responsible for all reclamation necessitated by mining operations conducted upon the leased premises subsequent to the effective date of the assignment of the Mining Permit to American Carbo-Minerals, Corp. Such transfer will be subject to all laws, rules and regulations governing the Mined Land Reclamation Division and Board and, after six (6) months from the date hereof, may be initiated by these Defendants as well as by Plaintiff and, upon request, Plaintiff shall execute all necessary documents. 3. These Defendants hereby expressly covenant, warrant and agree that they have not transferred, assigned or in any way conveyed any of their right, title or interest in and to the 1977 Lease,- the 1978 Lease and the 1982 Oral Lease. These Defendants also warrant and agree that upon execution of this Stipulation, these Defendants shall cease all mining, removal and sale of coal from the leased premises described in Exhibit "A" except that the stockpile located thereon may be removed from such premises and sold subject to the payments required under paragraph 1, and they shall quit and surrender up the leased premises to American Carbo-Minerals, Cocp. subject to the right and obligation of these Defendants to enter upon the leased premises for purposes of reclamation of the affected lands as set forth in paragraphs 1 and 2 above and subject to the rights following termination as provided in the surface leases. -3-