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above the underground working a, NKC agrees to repair the Di,t ch <br />• so that it is returned to its former condition prior to ouch <br />damage occurring. NKC will bear the full expense of such <br />repairs and will have the right to determine the means by which <br />they are to be accomplished. The schedule for each repairs <br />shall be .proposed by NKC and approved by Huntington prior to <br />commencement. <br />4. If either NKC or Huntington becomes aware that such <br />damage to the Ditch has occurred, such party agrees to promptly <br />notify the other so that the procedures set forth above may <br />commence. <br />NATIONAL KING COAL, INC. <br />Date - s N. Ha e <br />LAWKENCE I{UNTINGTON <br />• ~~7 , - ' <br />Date r u <br /> <br />• <br />-2- <br />November 1993 <br />