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~R~.?Ofi <br />capacity az Trustee for the EXPRESS ELIZABETH ANNE SWING TRUST created by <br />a Quit Claim Deed from W. D. EWiNG az grantor to W. D. EWiNG, IR. and W. D. <br />EW1NG, ]R. as Truster for ELIZABETH ANNE SWING dated August 15, 1967 and <br />recorded at Reception No. 347347 of the records of the La Plata County Clerk and <br />Recorder on September 14, 1967, and not in his individual capacity. Lessor makes no <br />warranties of title to the Leased Premises, either expressed or implied. <br />6. Lesser lnterest. I( Lessor, az Trustee for the EXPRESS ELIZABETH <br />ANNE EWiNG TRUST created by a Quit Claim Deed from W. D. SWING az grantor <br />to W. D. SWING, IR. and W. D. EW1NG, ]R. az Trusts for ELIZABETH ANNE <br />SWING dated August IS, 1967 and recorded at Reception No. 347347 of the records of <br />the La Plata County Clerk and Recorder on September 14, 1967, owns less than a <br />one-fourth (114) undivided interest in and to the coal in, upon or underlying the Leased <br />Premises, thrn the production royalty provided (or herein shall be paid to Lessor only in <br />the proportions which his interests bear to the whole, undivided ownership of the coal. <br />7. Conduct of Operations. Lessee shall conduct all operations and maintain all <br />activities on the Leased Premises in a good, prudent and miner-like manner, in accordance <br />with normal, accepted industry standards, and in strict compliance with all applicable <br />governmental laws, regulations, licenses and permiu, including without limitation, those <br />relating to the protection of the environment and reclamation of land. Lessee shall be <br />solely responsible fir obtaining all necessary governmental licenses, permits, certrficats <br />and other approvals for operations to be conducted upon the Leased Premises and <br />pursuant to this Lease. Dumps or stockpiles of wazte, overburden, or other mz!er:als <br />produced from other lands may not be deposited on the Leased Premises. <br />8. Records and Reports. Lessee shall keep books of account of the mining <br />and sale or other disposition of coal from the Leased Premiss, such books to be of the <br />usual character kept by coal operators for such purposs, and which books shall }:c open <br />at all times to the inspection of the Lessor or its authorized representatives. In adr:ition, <br />Lessee shall provide to Ltssor the following: <br />4 <br />