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~ r,~ <br /> (~ ~ , <br />• ' <br /> s consent may be re~3uired in <br />d. Except as the Lessor <br /> connccLion with the Subl ra sc of :talc lease <br /> in turests, and except as se[ forth in Annex I <br /> hereto, Energy Capital need not obtain any consent, <br /> approval, authorization, or other action or any <br /> regulatory or administrative body or of any third <br /> party in order to perform any obligation of <br /> Energy Capital under this Sublease. <br /> e. Energy Capital and its successors and assigns will <br /> not deal with or er.ercise its rights with respect <br /> to the Retained Minerals or to Section 5.4 <br /> hereof in a manner which will unreasonably interfere <br /> wi Cli or obstruct Arness' exploration, development <br /> and mining operations pursuant to the Coal Interests. <br /> Energ}~~Capital further agrees, except with regard <br /> to coal which cannot be mined as a result of the <br /> 350-foot ace^_ss r=_°orred tc ~`_n Scc ti o: 5.4, <br /> for which provision is made therein, provided that <br /> such subsurface access is utilized, to (i) pay <br /> Arness for all coal which Arness is prevented from <br /> mining because of any reasonable or unreasonable <br /> • interference by Energy Capital with Arness operations at <br /> the rate of l0e of the then current market value of such coal <br /> and (ii) indemnify Arness for all damages sustained <br /> as a result of any interference with Arness' <br /> operatic ns whether reasonable or unreasonable. <br />7.2 Represcn Cations and S.arranties of Arness. Arness <br />represents and warrants to Energy Capital that: <br />a. Arness-P1cGriff in Coal Company is a corporation <br />duly organized, validly existing, and in good <br />standing under the laws of tl~c state of <br />Co lorndo. <br />-15- <br />