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ASSIGND7EN'1' OF LI?A$E77 IN"I ERI,S"I' <br />THIS INSTRUMENT made and executed this ol~~~ day of pS.~~~~ 1994, <br />by Mountain Coal Company, a Delaware corporation whose address is I'.U. [3ox 591, Somerset, <br />Colorado 81434 ("Assignor"), to and for the benefit of Bear Coal Company, Inc., a Colorado <br />corporation whose address is P.O. Box 518, Somerset, Colorado 81434 ("Assignee"). <br />FOR TEN DOLLARS ($10.00) AND OTHER GOOD AND VALUAE3LE <br />CONSIDERATION, Assignor hereby assigns, sells, transfers, and conveys unto Assignee all of <br />Assignor's right, title, and interest as Lessee pursuant to l~ederal Coal Lease No. D-044569 the <br />"Lease"), insofar as such rights and interests pertain or relate to coal reserves located within the B <br />Seam on, within or underlying the properly described in Exhibit A attached hereto and made a <br />part IrereoC(tlre "Assigned Interest"). <br />Assignor hereby grants to Assignee all oC Assignor's rights iu and to the Lease as it <br />pertains to the Assigned Interest, including all mining rights and privileges vested in Assignor for <br />mining and removing the coal subject to the Assigned Interest. The rights include all rights which <br />Assignor Iras as lessee under the Lease to do and perform all acts wlriclr may be reasonably <br />necessary or convenient to mine and remove the coal; however, Assignee shall have no right to <br />conduct any surface disturbing activities on any surface owned by Assignor without the prior <br />written consent of Assignor, which Assignor may withhold if in Assignor's judgment such surface <br />• disturbances might conflict with Assignor's present or future operations. <br />Assignor makes no representations or warranties, express or implied, with respect to the <br />quantity, quality, mineability, merchantability, or marketability (including withoul.limilalion <br />mining cost) oC any coal subject to the Assigned Interest. <br />Assignee shall protect, defend, indemnify, and hold harndess Assignor from and against <br />any and all loss, claim, expense, or damage, including, without limitation, reasonable attorneys' <br />fees, which Assignor may suffer or incur by reason of any actions of Assignee in connection with <br />the mining and other operations of Assignee hereunder, except any such loss, claim, expense, or <br />damage arising out of any defect in Assignor's rights as lessee under the Lease or by reason of any <br />negligence or intentional misconduct of Assignor, its employees, or agents. <br />IN WITNESS WIiEREOF, Assignor has executed this instrument effective the day and <br />year first above written. <br />MOUN"I'r11N COAL CO[vIPANY <br />~o' / - <br />Title: 1~ ~L,~,c~_ _ <br />