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and discharge any judgment entered therein and save harmless Oxbow <br />. from any and all claims or damages resulting therefrom. <br />8. The rights and obligations of Minrec hereunder may not be assigned, <br />transferred or delegated, in whole or in part, without the prior written <br />consent of Oxbow. <br />9. Upon expiration and/or termination, Minrec shall promptly record with the <br />Clerk and Recorder of Delta County, Colorado, a document acceptable to <br />Oxbow, acknowledging termination of this Agreement and the automatic <br />release of the burden that it imposes upon the Surface Property. <br />10. This Agreement supercedes and replaces in its entirety that certain <br />Access and Surface Use Agreement dated December 18, 1986, between <br />Kaiser Coal company and Blue Ribbon Coal Company, which agreement <br />was filed for recording on December 30, 1986, and recorded in Book 0558 <br />at Page 460 of the real property records of Delta County, Colorado. <br />IN WITNESS WHEREOF, the parties have duly executed this Agreement as of <br />the date first above written. <br />OXBOW MINING,LLC. <br />,.ao _--__- ~ D~-~ <br />• es T. Cooper <br />ecutive Vice President <br />MINRE~C. <br />/~'~ -~i7"/~~ <br />Stanley E. Muhr <br />President <br />• <br />aio~e~a~~s 4 <br />