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• ~1 f <br />5.3 Surf.;cc ~ccccs. Tho Gublcasc Tr ac ~.: and the Coal <br />Interests sublcn red hereunder are only a portion of the <br />properties and rights held by Cncrgy Capital and Calder 6 <br />Company under tlic Leases and in the viciniCy of the Sublease <br />Tracts. Each party for itself and its succec:.ors and assigns, <br />. grants to the other, as applicable access over the Sublease <br />Tracts, (to the extent that Energy Capital and Calder 6 <br />Company have such rights) and adjoining properties held by <br />or hereafter acquired by Energy Capital and Calder 6 Company <br />or Arness for the purposes of carrying out rights held by <br />the parties provided tha t~as to the Subleased Tracts Energy <br />Capital will endeavor to select and utilize such surface <br />. access so that interference with or proximity to Azness' <br />operations are minimized and as to the other property Arness <br />will endeavor to select and utilize such surface access so <br />that interference with or proximity to Energy Capital's <br />operations are minimized. In no event will Energy Capital <br />• as to the Subleased Tracts substantially or unreasonably <br />interfere with Arness' o?er.ations witF.out the n-ior ex?ress <br />permission of Arness and in no event will Arness as to the <br />other property substantially or unreasonably interfere with <br />Energy Capital's operations without the .prior express <br />permission of Energy Capital. It is understood, however, <br />that the parties will co-operate with each other to accommodate <br />access requirements in a reasonable manner. <br />5.4 Subsurface Access. Arness hereby grants to Energy <br />Capital the right of subsurface access through th_ following <br />parcels of the subleased tracts: <br />T35N , R10h', NPIPM <br />®16: cu Zwz <br />ezo: All <br />~zl: All <br /> <br />-11- <br />