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• Coors will also transfer to PSCO at no cost a non-exclusive utility right-of-way necessary for PSCO to have access on the Premises to the facilities to be transferred. PSCO shall bear the cost of any survey necessary to establish the right-of-way location on the Premises. Such right-of-way will be no greater in scope or duration than Coors' existing rights, title or interest in the Premises may permit. Upon completion of the transfer of the facilities and right-of-way, PSCO will own, operate, and maintain the involved electric distribution facilities, which shall be used by PSCO for the purpose of providing service to Coors on the Premises and to other customers of PSCO at other locations. Page 2 PSCO acknowledges that the Premises and the electric facilities located thereon are subject to inspection by the Mine Safety and Health Administration. PSCO agrees to maintain and keep the Ennis substation and other electric facilities on the Premises, including the additional facilities contemplated in paragraph 2 below, in good condition and clean and neat in appearance. Upon reasonable notice to PSCo, PSCo shall grant Coors supervised access to insgect the Ennis Substation and other electrical facilities on the premises for the purpose of determining whether Public Service is complying with this Agreement. 2. NEW FACILITIES PSCO at its sole cost shall maintain additional distribution including any necessary overhead equipment, sufficient to provide service to Coors at each of the points: install, own, operate and facilities on the Premises, lines, poles, and metering separately metered electric following existing load delivery (a) Dragline (to be metered at or near the portable substation) (b) Office Building and Tipple Facilities (to be metered prior to building location) 3. LIABILITY • PSCO and Coors agree to have liability determined by the laws of the State of Colorado. APPENDIX P-3 2 of 4