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(1) llrit[Cr. nO t]CC Of 1ntCnt t0 USC SUC^ aCCCLS sha 11 <br />'- <br />bc given b/ Lnergy Capital to ;,r ncss not less than <br />90 days prior to the date construction of such <br />access is to be eo-L~eneed. <br />(ii) Coincident with such notice Energy Capital shall <br />submit its plans and spceif ications for such <br />access to Arness. <br />(ii i)Such access shall not exec e•d 350 feet in width. <br />(iv) Such access shall be nLced as close to the west <br />line of the above described property as practical, <br />and in as straight a line as is practical. If <br />Energ }• Capital places such access through coal, <br />such access shall be placed as close to the west <br />line of the above described property as coal depth <br />permits. <br />(v) If such access is through coal, Energy Capital as <br />it progresses through such coal shall (i) compute <br />the quantity of coal which it has mined and (ii) <br />pay within 10 days after the end of each calendar <br />month a fee to Arness, which equals SS of the <br />current market value of such mined coal during <br />such calendar month or $1.00 per short ton, whichever <br />is greater and (iii) pay in a timely manner any <br />' and all royalties and severance or other taxes <br />which may be due upon sucl: computed quantity of <br />coal. Energy Cap'_Lal shall use its best efforts <br />to maxim i;:c the coal so mined. <br />• <br />-12- <br />