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21. Assignment Cyprus may not assign or otherwise transfer this Agreement or any interest in it, in whole or in part, and may not sublet the Lands or any part of them without Surface Owner's prior written consent, which consent shall not be unreasonably withheld; provided, however, that Cyprus may, without restriction, assign this Agreement to any subsidiary or affiliate of Cyprus. Any assignment or transfer in violation hereof shall be void and invalid. Any such assignment or other transfer shall not, however, release or relieve Cyprus from liability hereunder unless the assignee or transferee specifically agrees to accept such liability as to all or that portion of the Lands affected thereby. Stated alternatively, any such assignment or transfer shall be with recourse. 22. Recordation. This Agreement may not be recorded; however, the parties hereto have agreed to execute a Memorandum Surface Use Agreement for recording purposes in substantially the same form as that attached hereto as Exhibit "A" and made a part hereof, which will refer to and incorporate this Agreement therein by reference. 23. Notices• Any and all payments, notices, requests, demands and other communications required or permitted to be given hereunder shall be in writing and shall be deemed to have been duly given (a) when delivered if delivered personally; (b) when sent if given by prepaid telegram; or (c) three (3) days after the mailing thereof by first-class, postage prepaid, mail if mailed, at the respective addresses set forth below (or at such other address as may be designated in a written notice and given in accordance with this paragraph): jfto Surface Owner: Ina Jane Horton, Trustee Route 7, Box 405 Neosho, MO 64850 If to Cyprus: Cyprus Empire Corporation 1303 County road 107, P. O. Box 68 Craig, Colorado 80467 Attn: J. E. Shoemaker With a copy to: Cyprus Amax Coal Company 9100 East Mineral Circle P. O. Box 3299 Englewood, Colorado 80155 Attn: Land Management Department 24. (,gea! (fect. The execution of this Agreement shall not constitute any denial, admission or recognition by Surface Owner that the types and kinds of uses of the Lands granted hereby are or were inherently created by or reserved to the grantor(s) in the underlying instrument or instruments whereby the coal and other substances so leased to Cyprus were severed from the surface estate of the Lands or that such rights, if so reserved, may be used or asserted in conjunction with the development of coal or other substances on or underlying other lands. ~os~n.oornc9 - 8 -