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• ASSIGNMENT OC LEASE IN'1'EItES'I'
<br />TF1IS INSTRUMENT made and executed this ~~ day of ~O~i q~ , t 994,
<br />by Mountain Coal Company, a Delaware corporation whose address is P.O. Box 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 />rOR TEN DOLLARS ($10.00) AND O11lER GOOD AND VALUABLE
<br />CONSIDERATION, Assignor hereby assigns, sells, transfers, and corrveys unto Assignee all oC
<br />Assignor's right, title, and interest as Lessee pursuant to rederal Coal Lease No. C-01 17192 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 property described in Exhibit A attached hereto and made a
<br />part hereof (tire "Assigned Interest").
<br />Assignor hereby grants to Assignee all of Assignor's rights in and to the Lease as it
<br />pertains to the Assigned luterest, 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 has as lessee under the Lease to do and perform all acts which 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 un 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 piescnt 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 without limitation
<br />mining cost) of any coal subject to the Assigned Interest.
<br />Assignee shall protect, defend, indenmify, and hold harndess Assignor from and against
<br />any and all loss, claim, expense, or damage, including, without limitation, reasonable attorneys
<br />Cees, 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 />]N WITNESS W1lEREOP, Assignor has executed this instrument effective the day and
<br />year first above written.
<br />- hIUUNTAIN COALCUh9l'AN1' I ~,._~:;;-;
<br />~:.,
<br />• Title: J"~-es,~,,~
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