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<br />.. <br />suaLr.ASE Acres r.:~E::r <br />This agreement dated 197 <br />is be t•.~c en Energy Capital, Ltrl., a limited p:+rtnership <br />formed under the laws of the Sta tc of Colorado ("Energy <br />Capital"); and Arness-Plc Gr if fin Coal Company, a Colorado <br />Corporation, (herein called "Arness"). <br />. Energy Capital is the beneficial owner (Calder 6 <br />Company being, ir. some instn r.c es, tF,e record holder of <br />title) of certain interests in, and exploration and devel- <br />opment rights with rasoect to, coal deposits in La Plata <br />County, Colorado, which are part of the interests and rights <br />granted to Energy Capital under the leases summarized on <br />Annex I attached hereto and made part hereof. Such leases <br />are collectively referred to herein as the "Leases". <br />Arness desires to develop coal deposits which lie in <br />and under a portion of the land described in the Leases, <br />i <br />which portion is described on Annex II attached hereto and <br />made a part hereof and is referred to herein as the "Sublease <br />Tracts". The interests in, and exploration and development <br />' rights with respect to coal deposits oranted to Energy <br />Capital by the Leases in and relating only to th_ Sublease <br />Tracts are referred to herein as the "Coal Interests". <br />Energy Capital and Arness desire that the Coal Interests be <br />i sublcasnd from Energy Capita J. to Arness and wish to peovide <br />for the to rnis and conditions of the future operations of the <br />parCics with -espcct to the development of coal deposits in <br />the Subl cnsc 'i ra;ts. <br />u <br />