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full force and effect as an extension and clarification of that Lease dated April 2, 2002, recorded
<br />in Garfield County on April 16, 2002, in Book 1346 at Page 768. It is the intent of the parties
<br />that this Agreement remains in effect regardless of any foreclosure of the Servieat Estate or
<br />regardless of any conveyance of the servient estate. Upon termination of the Easement as
<br />provided for in paragraph 11 of this Agreement, then this Agreement and the Apri19, 2002 Lease
<br />shall terminate and all rights of CAM to any use of the Servient Estate shall terminate. With
<br />respect to the application of this Section only, if there is a conflict between the Easement and the
<br />Lease, the provisions of the Lease are supereeded by the Easement.
<br />4. If the Easement is relocated, Grantor shall survey the centerline of the newly
<br />located Easement within 60 days of its relocation, and shall have the surveyor prepaze a plat
<br />showing such survey and shag record such plat of survey in Garfield County, Colorado. Once
<br />the plat is recorded, the Easement described on Exhibit A to this Agreement shall be deemed
<br />abandoned, and the Easement as relocated and depicted on the Plat shall otherwise be subject to
<br />the terms and conditions of this Agreement. Grantor and Grantee shall share equally the cost of
<br />the surveying and recording of the plat.
<br />5. Unti] September 30, 2007, the Easement shall be used by Grantee, its agents and
<br />invitees, for ingress and egress for all purposes related to Grantee's coal mining and/or the
<br />reclamation of coal mining areas in Munger Canyon. During all times that Grantee uses the
<br />Easement, Grantee shall minimize disruption of, and interference with, any ranching, agriculture,
<br />or other operations conducted on the Servient Estate now or in the future. No camping,
<br />recreating, hunting, or any other activities that are not directly related to Grantee's activities
<br />descn'bed in this Easement Agreement are permissible at any time within the Easement or the
<br />Servient Estate.
<br />6. Grantee will complete all mining operations within the Munger Mine site and the
<br />Munger Canyon Refuse Area by or before September 30, 2007, and will use best efforts to
<br />complete all initial reclamation of the area before December 31, 2007.
<br />7. After September 30, 2007, Grantee will cease using the Easement for mining and
<br />related operations and will cease using the area for initial reclamation by December 31, 2007;
<br />after which time, Grantee shall only use the Easement for the maintenance of the reclaimed area
<br />(monitoring, replanting or caring for trees, grasses and shrubs, for example), and for inspection,
<br />maintenance and repair of the coal mining areas and reclamation sites in Munger Canyon per any
<br />reclamation, inspection, maintenance and repair requirements or activities related to achieving
<br />acknowledgement that the reclaimed area is eligible for bond release.
<br />8. In return for CAM providing all drill logs in its possession relative to them, #11
<br />acknowledges that there are four groundwater monitoring (GW) wells and one surface water
<br />monitoring (SW) site located on the Servient Property, the existence of which predated CAM's
<br />acquisition of the Dominant Property, and the opening of which at the ground level is
<br />approximately 2 inches in diameter. The approximate location of these wells is depicted on the
<br />attached Exhibit D. One of the four (!mown as GW-3) is not on the Servient Property, but rather
<br />• immediately adjacent thereto, at the approximate center point of Section 29, Township 7 South,
<br />Range 102 West. CAM will reclaim and cap all of the monitoring wells before December 31,
<br />~ooaasoza.~ ~ 2
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