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19 <br /> <br />-, -. <br /> auu.;~52 roc:/y76 <br /> 1. 5. this grant is made with Che understanding Chat the party of <br /> 2. [he second par[ must cons cruet the facilities within two years from the date <br /> 3. hereo E, falling in which this grant shell 6e subjeet to canes Llation at the <br /> 4. option of the party of the first part upon 90 days' prior written notice co <br /> 5. the party of the second part. If the party of the first pert ag rasa co extend <br /> 6, such construction period, 1[ is understood by tl~e parties he reco chat the <br /> 7. party of the firs[ pert may require payment of additional consideration <br /> 8. based upon a reappraisal of said right-of-way at the time of completion of <br /> 9. canstruc[ion of [he facilities. <br /> 1. 6. All rights to any and all miners Ls, ores, and metals of any <br /> 2. kind and character, end all coal, asphaltum, of 1, gas, geothermal resources, <br /> 3. ar other like substances in or under said LaM are hereby reserved co the <br /> 4. State of Colorado; provided however, chat [he party of the second part shall <br /> 5. have the right to use so much of Che surface materials (inc Luding sand, gravel, <br />• 6 l <br />t <br />h <br />l <br />) <br />i[hi <br />h <br />i <br />h <br />f <br /> . c <br />ay, a <br />one, S <br />a <br />e, att. <br />v <br />a• t <br />e r <br />g <br />t-o <br />-way as ere necessary for the <br /> 7. iamediate construction of [he facili Gies. <br /> 1. ~ 7. This grant of right-of-way is subject and junior to Che righ is <br /> 2. of [he holder of State of Colorado Coal Lease No. 440/L3, its successors La <br /> 3. interest, arty extension thereof, or any subsequent coal Lease. Crate ee <br /> 4. predecessor in interest of the party of the second part, and the ho Lder of <br /> 5. said coal lease have entered in [o art agreement, attached here co ae Exhibit A, <br /> 6. which agreemenC the party of [he second part has as sumad, Ln which the holder <br /> 7. of said coal lease conaen is [o coasttuc[ion and operation of the facilities <br /> 8. upon the right-of-way and the party of the second pert agrees to indemnify <br /> 9. and ho Ld harmless any holder of said coal lease against any eLeims foe surface <br /> 10. subsidence and/or damages to the facilities from mining operations pursuant <br /> 11. to said coal lease. The party of the second part agrees co Sndeninify and hold <br /> 12. harmless the State Board of Land CommLssianers from mining operarione pursuant <br /> 13. [o any coal lease on [he land identified. - <br /> 1. 8. Il~is Srant of rLgh t-of-way is made subject to any and all <br /> 2. easements and rights-of-way heretofore legally granted and now in Fu 11 force <br /> 3. and effect, if any there be.. <br /> <br />