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• <br />encumbrance and the expense thereof shall be deducted from any current or future amounts <br />payable to Grantor under this Agreement. <br />Section 11. Release. Upon termination of this Agreement, Grantee shall provide to <br />Grantor, in a form suitable for recording. a release of its rights and interests hereunder. <br />Section 12. Cooperation and Removal of Road. Grantor agrees to provide to and for <br />Grantee such consents and waivers which Grantor is capable of providing, and to refrain from <br />entering or to withdraw such objections or protests, as Grantee may reasonably request with <br />respect to nay permit or other governmental approval or action relating to Grantee's use of the <br />Easement and the conduct of mine operations within the Mine Area. Grantee agrees to take <br />reasonable efforts to obtain the permission of the appropriate regulatory authorities to leave and <br />not reclaim and remove the road which may be constructed by Grantee oa the Property, and <br />Grantor agrees to provide to those regulatory authorities such requests and consents as Grantee <br />may reasonably request la order to obtain such approval, including but not limited to an <br />undertaking by Grantor to assume all responsibility and liability for such road after the <br />Termination Date. Grantor acknowledges that if Grantee is unable to obtain such regulatory <br />approval to leave the road, such road will be removed and the Property reclaimed in accordance <br />with applicable laws. <br />Section 13. Notice. Aay notice, election or other wmmunicatioa required or permitted <br />by this Agreement shall became effective upon receipt and shall be deemed to have been <br />properly given and delivered when made is writing and delivered personally to the party to <br />whom directed, or when seat by United States certified mail with all necessary postage and <br />charges fully pre-paid, return receipt requested or overnight courier service with all charges paid <br />and addressed to the party to whom directed at its below specified address: <br />To Grantor: Maneotis Sheep Company <br />P.O. Box 853 <br />Oak Creek, Colorado 80467 <br />Arta President <br />To Grantee: Peabody Coal Company <br />1300 South Yale <br />Flagstaff: Arizona 86001 <br />Attn. Land Department <br />or to such other address as a party may from time to time designate to the other. <br />Section 14. Assignment, Coreaaat Running with Land. Grantee may assign or <br />otherwise transfer it rights hereunder, in whole or in part, to any person or persons who own, <br />lease or otherwise hold mineral or mining rights in all or any part of the Mine Area. The terms, <br />conditions and obligations of this Agreement shall be a appurtenant to and run with title to the <br />Property and with title to the lands within the Mine Area, respectfully, and shall be binding upon <br />4 <br /> <br /> <br />