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.. , <br />SURFACE USE AGREEMENT <br />THIS SURFACE USE AGREEMENT (the "Agreement"), dated effective the J ~ day of <br />April, 1995, is by and between Ina Jane Horton, in Trust of the Revocable Living Trust of Ina Jane <br />Horton dated March 18, 1992, with an address at Route 7, Box 405, Neosho, MO 64850 <br />(hereinafter collectively referred to as "Surface Owner", whether one or more), and CYPRUS <br />EMPII2E CORPORATION, a Delaware corporation, with an address at 1303 County Road 107, <br />P. O. Box 68, Craig, Colorado 80467 (hereinafter referred to as "Cyprus"). <br />WITNESSETH: <br />I. Demise. Surface Owner, for and in consideration of the fees, covenants and conditions <br />hereinafter contained, and other good and valuable consideration, the receipt and sufficiency <br />of which aze hereby acknowledged, does hereby grant unto Cyprus for the term and purposes <br />and upon the conditions and provisions herein set forth, the right and privilege to enter upon, <br />through, under, over and across those certain lands (the "Lands"} located in the County of <br />Moffat, State of Colorado, the same being further described as follows: <br />Township North. Range 92 West, 6th P.M. <br />Section 10: S'/:, SE'/+ <br />Section 15: NE'/+, E'/: NW /+ <br />containing 320.00 acres, more or less. <br />2. Term The primary term of this Agreement shall be for a period of three (3) years and shall <br />commence on the effective date hereof. Cyprus shall have the right to extend the term of this <br />Agreement for ten (10) one (1) year terms by payment of additional compensation as <br />provided for in pazagraph 7 herein. Cyprus shall be entitled to enter upon, through, under, <br />over and across the Lands on the effective date hereof. This Agreement may be terminated <br />sooner as follows: <br />a. Subject to pazagraph 2(c), Cyprus may temtinate this Agreement for any reason or no <br />reason whatsoever upon thirty (30) days' prior written notice to Surface Owner; <br />b. Surface Owner may temtinate this Agreement for Cyprus' material breach of any of the <br />terms and conditions of this Agreement as provided below; and <br />c. Notwithstanding anything contained herein to the contrary, upon any such termination, <br />Cyprus shall have no further and ongoing rights hereunder except such rights which are <br />implicit in the completion of its obligations hereunder, Upon termination, should Cyprus <br />not previously have fully and completely satisfied its obligations incurred hereunder, then <br />and in such event, this Agreement shall continue in effect until such obligations are fully <br />and completely performed. So long as Cyprus has any remaining obligations hereunder, <br />this Agreement shall remain in full force and effect and all payments required hereby and <br />~o5~re.oornr9 - 1 - <br />