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the Easement, Grantor shall provide Grantee notice of such relocation or modification <br />• and estimated time of completion, which time shall not be unreasonably exceeded. <br />Grantor agrees that such relocation or modification shall not result in a new Easement, <br />which is narrower, of a steeper grade, or otherwise not reasonably equivalent to the <br />roadway as presently constructed within the Easement. The Grantor shall record a legal <br />description of the centerline of such relocated Easement, prepazed by a surveyor licensed <br />in the State of Colorado, in a document which refers to the recording information of this <br />Agreement ("Relocation Notice"). Upon the recording of such Relocation Notice, this <br />Agreement shall be amended only as to that portion of the Easement affected. Any <br />relocation or modification of the Easement by the Grantor must be approved in advance <br />and in writing by the Grantee as not to conflict with Mine Permit #C-82-057 or any bond <br />associated with said permit. <br />SECTION 13. COVENANTS RUNNING WITH THE LAND. All of the <br />easements, restrictions, covenants and agreements set forth in this Agreement are <br />intended to be and shall be construed as covenants (and not conditions) running with the <br />land, binding upon, inuring to the benefit of and enforceable by both Grantor and Grantee <br />and their successors and assigns. <br />SECTION 14. NOTICES. Any notice, demand, request, consent, approval, or <br />communication that a party desires or is required to give to the other party or any other <br />person shall be in writing and either served personally or sent by prepaid registered mail, <br />• return receipt requested. Notice shall be deemed communicated only when received <br />personally by the party to whom notice is to be given or upon the expiration of three days <br />afrer the deposit of such notice in the U.S. mail, postage prepaid to the address of such <br />party as herein provided or the address of any successors or assigns of any Grantee as <br />shown in the public records of Routt County: <br />President <br />Seneca Coal Company <br />Drawer D <br />Hayden, CO 81639 <br />With a copy to: <br />Seneca Coal Company <br />701 Mazket Street <br />Suite 700 <br />St. Louis, MO 63101 <br />Joady Boulware Perrett, Trustee <br />Under the ln•evocable Trust Agreement <br />dated March 28, 1978 <br />700 Old Orchard Drive <br />• Hendersonville. NC 28739-3930 <br />5 <br />