PERMFILE65873

• Permit No: C1981048
• IBM Index Class Name: Permit File
• Doc Date: 12/11/2001
• Section_Exhibit Name: EXHIBIT III-1 TO EXHIBIT III-5
• Media Type: D
• Archive: No

-7 dyneq'to Owner under the Sc iacca Lease shall increase to
!~,-0' ~pr /,iYA~~G:F>. clot v~.~'~cn~S J-w-ia~ES dia.E ~'Ci ~a
1 }Xw in the event Miner o to ins a Victor American coal
lease on the same properties now owned by Owner and the
royalty required to be paid Victor American is 9X or more.
d. For all coal mined, removed, and sold from the property
as described in tha Deed recorded in Book T62, Page 20,
and not included in either of the aforesaid two Victor
American Leases a sum equal to Five and One-Half percent
(SiX).of the gross sales price of the coal at the point j
of shipment less that por tai on of production taxes I
yr ~~attributable to O~+ner's loyal ~~E~~,, -~-~„~ yc; 4~~
r l~Ol ~- ~ l,.llt4,.~ (,qty ..3;•tiS as ~.~-+~ -~K.~t~ 1 ~. Ckr~T4~ s a~ .
~A 11 s s due hereunder sha 1 be due and payable at the Ci me Ili ner
receives payment for the coal.
5. Hini mum Production. Miner agrees to mine, remove, and sale from
the above properties no less that 25,000 tons of coal per year.
6. Possession by 11iner. To the extent of the rights ov ned or acquired
by Ov ner as set forth above, Owner hereby grants to Fsi ner the right Co enter
immed is to ly on the property and during the term of this Agreement, to
explore, test, mine, work, develop, operate, use, manage, and control the
sane, and to mine, extract, and remove the coal. To Aisturb the surface and
deposit spoil and overburden on the surface, to bui ltl roads, railroads, Fend
buildings, tipples, processing plants, and other structures on the property.
To transport, tipple, and process coal from other properties across Che
properties above described and spoil antl deposit refuse or overburden Cr cr
adjacent properties. Together with all rights of ingress and egress and
such other rights as are usual, customary or convenient in mining and
removing the coal hereunder. The time, nature, location and extent of any
and al'1 of the above activities and mining operations and the cessation and
resumption thereof shall be at the sole discretion of the Miner.
7. Manner oC Work. Miner agrees to conduct all work hereunder in a
careful and mi ner like manner, according to the la as and regulations of the
United States and the State of Colorado. Miner ackn o~: ledges that it i= an
independent contractor and Miner shall save antl keep Onner harmless from al.
costs, losses, damages, claims or expe nse s~arising out of Miners ope rations
actions or .i nac ti ons hereunder.
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