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• <br />EASEMENT AGREEMENT <br />THIS EASEMENT AGREEMENT (this "Agreement") made and entered into as of the /,51~' day <br />of c,..r4Lir .1992, by and between MANEOTIS SHEEP COMPANY, a Colorado <br />corporation (Tr") and PEABODY COAL COMPANY, a Delaware corporation ("Grantee"). <br />Ia consideration of the mutual,promises and covenants contained in this Agreement, the <br />parties agree as follows: <br />Scction 1. Grain (a) Grantor hereby irrevocably grants, warrants and conveys to <br />Grantee, it successors and assigns, for the term set forth herein, an exclusive (except as provided <br />in Section 6 below) easement and right of way (the "Easement") in, upon and across the lands <br />as described in Exhibit A attached hereto (the "Property") for the construction, reconstruction, <br />repair, maintenance and use of a road for coal haulage purposes (and/or other coal transportation <br />method, including but not limited to, coal conveyor systems), utilities related to mine operations <br />and any and all other purposes related to or necessary or convenient for coal mining and <br />preparation operations oa any loads within a radius of five miles from any point on those lands <br />described in Exhibit B attached hereto (the "Mine Area"), including, but not limited to, purposes <br />and uses related to envimnmeatal studies, exploration and surveying activities, mine construction <br />and coal extraction operations, reclamation and environmental monitoring activities, and access <br />on and across the Property with any persons, machinery, equipment, appliances and supplies for <br />any of such purposes, uses, operations or activities. <br />(b) Within a reasonable time following construction of such road as <br />described on Exhibit A, Grantee will survey the centerline of the road and provide a certified <br />description of the centerline to Grantor. Such dcscripdon shall be added to and become a part <br />of this Agreement by the recording in the records of Routt County, Colorado of as Addendum <br />to this Agreement containing such centerline description and the actual Property subject to this <br />Easement shall be one htmdted feet (100') on either side of the described centerline. Such <br />Addendum need only be executed by Grantee. <br />Section 2, Term. Unless terminated sooner in accordance with the terms of this <br />Agreement, the term of the Easement shall wmmence on the date of this Agreement and continue <br />until December 31, 2001 or until the completion of mine operations within the Mine Area, <br />whichever is later (the "Termination Date"} For purposes of this Agreement completion of mine <br />operations within the Mine Area shalt be deemed to have occurred at such time as the <br />reclamation of lands disturbed by mining has been completed and all bonds (including self-bonds <br />or other guarantees or commitments in lieu of bonds) securing such reclamation obligations have <br />been fully and finally released and discharged by the Colorado Mined Land Reclamation Division <br />and the United States Office of Surface Mining Reclamation and Enforcement or other applicable <br />state and federal regulatory authorities. <br /> <br />