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PERMFILE48399
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PERMFILE48399
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Last modified
8/24/2016 10:50:22 PM
Creation date
11/20/2007 1:35:13 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1991078
IBM Index Class Name
Permit File
Doc Date
12/11/2001
Section_Exhibit Name
EXHIBIT 01 COAL MINE LEASES
Media Type
D
Archive
No
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settled by arbitration which shall be conducted by and under <br />the rules of the American Arbitration Association, except as <br />the same may be modified herein. Arbitration shall take <br />place in Grand Junction, Colorado. There shall be three <br />arbitrators, all of whom shall be disinterested persons of <br />experience in the mining business or if no mining question is <br />involved then persons having technical competence relative to <br />the point in dispute, and who are not and never have been <br />associated directly or indirectly with either party to the <br />dispute. The decision of the arbitrators or any two of them <br />in writing shall have full and free access to all information <br />possessed by either party concerning the matter in dispute, <br />notwithstanding that such information may be subject to an <br />agreement to keep such information confidential. The <br />arbitrators shall, after hearing the parties and any evidence <br />that they may submit, make up their award and reduce the same <br />to writing, and deliver one copy thereof to each of the <br />parties hereto. Where the dispute can be expressed in terms <br />• of dollars or amounts, each party shall submit a set of <br />proposed findings and conclusions. In making the decision, <br />the arbitrators must select the findings and conclusions of <br />one of the parties and may not effect a compromise. The <br />arbitrators shall retain jurisdiction to determine whether a <br />default has been cured. The whole expense of arbitration <br />shall be paid accordingly as the arbitrators shall decide in <br />their award. Any award rendered by the arbitrators pursuant <br />to this section shall be final and binding upon all parties <br />to this Lease, and judgment on such award may be entered by <br />any party in the highest court, state or federal, having <br />jurisdiction. The parties agree that the provisions of this <br />section shall be complete defense to any suit, action or <br />proceeding insituted in any federal, state or local court <br />with respect to any controversy or dispute arising under this <br />Lease. The terms of this Section shall continue to apply in <br />the event of termination of this Lease for any cause., if any <br />dispute or difference arise in connection therewith, and <br />shall govern the settlement of every such dispute or <br />14 <br />
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