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<br />the Property, which is in Grantor's opinion legally woilable to Grantee, in which case, <br />this Agreement shut, .....,,~„ ... _..._. _. _. _. .,.,. .....y reduce or proportion <br />thereafter payments hereunder, both prospectively and retrospectively, to reflect <br />Grantor's interest. If title or the amount of any payment is challenged in court, <br />Grantee may withhold payments (without interest) affected thereby, until a full <br />determination has been made. Grantee's remedies stated in this Paragraph 7 shall not <br />be exclusive of Grantee's rights to seek other or additional remedies by any legol <br />piocess available to Grontee. <br />8. Huniin Grantee agrees to instruct its employees or agents that no hunting <br />is allowed on the Property without the express consent of Grantor and that hunting <br />without such consent shall be a breach of employee discipline. <br />9. Extent of Agreement. It is mutually agreed that the terms and provisions <br />• <br />hereof sholl inure to and be binding upon the heirs, executors, administrators, suc- <br />cessors, and assigns of all parties hereto, and that Grantee shall have the right to <br />assign this Agreement, or ony portion of the acreage covered thereby, without the <br />consent of Grantor. Grantee agrees to notify Grantor of any assignment. The law of <br />the State of Colorado shall govern this Agreement and no modification hereof shall be <br />effective unless in writing and signed by the parties or their duly authorized repre- <br />sentative. This Agreement and the Exhibits attached hereto and those agreements <br />specifically referenced herein state the entire agreement of the parties and replace <br />all oral and other written representations, correspondence, or agreements. <br />IN WITNESS WHEREOF, the parties have caused this Option for Surface Lease <br />r1 <br />L J <br />Agreement to be duly executed as of the day and year first above mentioned. <br />ATTEST: • 1' l' I U Pl-~ V V, <br />1 AN7 ~C/1C1~!/~-'/ <br />PEABODY COAL COMPANY <br />a Delaware corporofion <br />as Grantee <br />By. CLIICIy <br />Title: Vlec ~yt¢stC6nlf~ [ESer~.4er. <br />p/at.grr,.,s./r <br />PAPOULAS LAND COMPANY <br />A Colorado corporation <br />A Grantor ~ <br />ATTEST e'.>>i ' ~-'~ ~'V^-r~~ .,/-Cf"u-~ <br />i ! / <br />.• ~~ 16p~A~ppnvW Title: /1zcy~[j..-~ <br />lt~l! r~u ~-j~f,- <br />i <br />~w.nrry <br />Opneonr <br />i <br />lnd <br />I <br />[IiaMlrinQ _ 4 - <br />