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• Ili Illlllllllllllll • DECEIVED <br /> LICENSE AGREEMENT <br /> p AUG 3 0 1995 <br /> vi <br /> THIS LICENSE AGREEMENT, dated effective theca�day of " �r of Min S g 49" <br /> (hereinafter, "Agreement"), is by and between Colowyo Coal Co pa y, L.P., a limited <br /> partnership under the laws of the State of Delaware, with an address of 5731 Hwy. <br /> 13, Craig, Colorado 81625 (hereinafter "Licensor"), and Cyprus Empire Corporation, <br /> a Delaware corporation, with an address of 9100 East Mineral Circle, Englewood, <br /> Colorado 80112 (hereinafter "Licensee"). <br /> WHEREAS, Licensor owns certain land in Moffat County, Colorado; <br /> WHEREAS, Licensee desires to secure from Licensor a non-exclusive license upon <br /> Licensor's land for the purpose of conducting a geophysical seismic survey, along with <br /> a non-exclusive easement for ingress and egress across Licensor's land, upon a <br /> portion of land more fully described in Exhibit "A" (hereinafter the "Premises") and <br /> depicted on Exhibit "B", attached hereto and made part hereof. <br /> WHEREAS, Licensor is willing to permit Licensee the use of the Premises on a non- <br /> exclusive basis, subject to the terms and conditions of this Agreement. <br /> NOW THEREFORE, in consideration of the recitals above and agreements below, and <br /> other good and valuable consideration, the receipt and sufficiency of which is hereby <br /> acknowledged, Licensor and Licensee, intending to be legally bound, hereby agree as <br /> follows: <br /> 1. Demise and Compensation. <br /> (a) Licensor does hereby demise and grant to Licensee the non-exclusive <br /> right, license, and privilege to enter the Premises, over and across <br /> existing roads, for the purpose of conducting a geophysical seismic <br /> survey ("the Survey"). The Survey may be conducted by either vibratory <br /> sources or explosive sources. If explosive sources are utilized, Licensee <br /> shall have the right to drill holes, either by the hand method or the <br /> mechanical method, which holes shall not exceed 4 inches in diameter <br /> or 10 feet in depth. <br /> (b) In consideration of Licensor's grant of rights hereunder to Licensee, prior <br /> to Licensee's exercise of its rights hereunder, Licensee shall pay to <br /> Licensor a licensee fee in an amount equal to the sum of $500.00 <br /> multiplied by the number of linear miles (or part of any mile) involved in <br /> the survey; provided, however, the licensee fee shall not be less than <br /> $200.00. <br /> (c) In addition to the consideration stated above, Licensee shall compensate <br /> Licensor for any and all crop damages to growing crops on the premises <br /> as a result of Licensee's operations on the Premises.//70 <br /> L,3Pc <br /> CEC-CCC.AGT Sh'3� <br />