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<br />Mining I Init. Coal mined from the Property may he commingled with coal mined from
<br />• other lands, within or without the Mining Unit.
<br />4. Surface Mining Rights. In addi flan to whatever rights Lessee may have under
<br />. the Lease and by implication of law, Lessee shall hove the following exclusive rights:
<br />(A) 7o do all things necessary grid convenient on the Property
<br />in order to drill, take core samples, survey, map, and
<br />otherwise evaluofe the caul resource, and to perform
<br />environment al reseorch and cultural resource studies, all
<br />without liability, except for the destruction of livestock,
<br />fences, corrals, buildings, and farm machinery and equip-
<br />ment; and in conjuncTian with such premining exploration
<br />and environmental activities, Lessee agrees not to use
<br />water from Lessor's livestock water sources without Les-
<br />sor's consent and such consent shall not be unreasonably
<br />withheld and only when necessQy to assure adequate water
<br />for Lessor's livestock;
<br />• (B) To do all things necessary and convenient on the Property
<br />in order to mine, extract, remove, process, own, market or
<br />otherwise use The coal resources, including mining by strip,
<br />auger, or other surface mining methods now or hereafter in
<br />existence, without any liability to Lessor for any current or
<br />future damages (including damage or loss to other minerals
<br />or strata or surface or subsurface water flows or quality) to
<br />Lessor's estate;
<br />(C) A free access to, in, from and across the Property with any
<br />persons, tools, machinery, and appliances, and also the
<br />right to install, maintain, use, and change buildings, tipples,
<br />railroad facilities, conveyors, roads, haulage ways of all
<br />kinds, primping stations, pipelines, power lines, ditches,
<br />storage facilities, substations, excavations, pits, openings,
<br />stockpiles, mine refuse dispas al trees, drains, dams, ponds,
<br />i wells, not Ural or artificial water courses, surface and
<br />urdergrov.d waters, ord my other facility or use necessary
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