PERMFILE61853

• Permit No: C1984067
• IBM Index Class Name: Permit File
• Doc Date: 12/11/2001
• Section_Exhibit Name: EXHIBIT 1 DEEDS AND LEASES
• Media Type: D
• Archive: No

, .' ~,
• Accord inq 3}', in consideration oC the mu cual covnnnnts
.
`
and ag rccments contained herein, ttic parties agree as
Follows:
ARTICLE I
GRANT OF SUDLEASE
1.1 Grant. For and in consideration of the covenant
and agreements herein contained, Energy Capital does hereby
grant, demise, sublease, and sublet er.clusively unto Arness,
its successors and assigns, all of its right, title and
interest in and to the Coal Interests, including such zig hts
as Energy Capital may have under the Leases to enter upon
the lands described in Anner. II for the purpose of exploring
for, developing, mining, treating, extracting, milling,
storing, shipping, removing and mart-cling coal therefrom,
and such rights as Energy Capita 1. may have under the Leases
with respect to the Sublease Tracts to use water for mining,
• milling, washing, treatment and processing operations and to
use so much of the surface of said Sublease Tracts as may be
necessary, usaful or ccnvenient for the full enjoyr,.ent of
all rights herein granted, including the right to construct
such works, buildings, plants and structures as may be
' necessary for the exercise of the rights and privileges
granted to Arness herein, and Energy Capital does hereby
agree to forever warrant and defend the rights and interests
granted, demised, subleased and sublet herein against any
and all claims ~or demands by any and all parties claiming
by, through or under Energy Capital, except claims or
~ d'emards disclosed herein or on attachments hereto, or
i contained in the Leases.
1.2 Additional Grants. In addition to the specific,
grant set forth in Section 1.1 hereof, Energy Capital hereby
grants to Arness all of the rights and privileges which
Energy Capital has pursuant to the following Scctio-~s contained

-2`