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<br />of action, claims, warranties and similar property rights of every
<br />kind, character and description, together with all mining,
<br />environmental, water and all other governmental and private rights,
<br />licenses, permits, consents and authorities of every kind, character
<br />and description; obtained or applied for and hereafter acquired with
<br />respect to, used is connection with, or held for future use with
<br />respect to any of the Coal Properties which are the object of this
<br />Indenture, as generaIIy described in Exhibit A-2 hereto, SUBJECT TO
<br />all existing liens, claims, encumbrances, rights of way and easements
<br />for and agreements concerning highways, roads, streets, alleys,
<br />railroads, water rights, ditches, canals, reservoirs, pipelines,
<br />powerlines, transmission lines and other utilities, and all other adverse
<br />interests, whether recorded or not, as of the date hereof, except as
<br />otherwise provided herein.
<br />• THE ENTIRE CONTRACT RIGHTS OF THE GRANTOR in the
<br />SPS Agreement, including the SPS Rights together with all other
<br />contract rights, causes of action, claims, warranties and similar
<br />property rights of every kind, character and description, together
<br />with all mining, environmental, water and all other governmental and
<br />private rights, licenses, permits, consents and authorities of every
<br />kind, character and description. obtained or applied for and hereafter
<br />• acquired with respect to used vi connection wit:,, or held for future
<br />use with respect to the SPS Agreement.
<br />III.
<br />RESERVATION OF SPS OVERRIDING ROYALTY INTEREST
<br />- This assignment is made by Grantor and accepted by Grantee
<br />subject the SPS Overriding Royalty Interest in the Coal Properties,
<br />which royalty interest was provided by the SPS Agreement, among
<br />CCRC, PRC and SPS, wherein CCRC and PRC agreed inter alia to
<br />execute and deliver or to cause to be executed and a were an
<br />instrument conveying to SPS, free and clear oP any and all liens and
<br />encumbrances, except Permitted Encumbrances (as such Permitted
<br />Encumbrances are defined in the SPS Agreement) an undivided one
<br />percent (1$) Overriding Royalty Interest in the Coal Properties. For
<br />purposes of the SPS Agreement and the conveyance of Overriding
<br />Royalty Interest agreed to therein, the term "Overriding Royalty
<br />Interest" is defined as an undivided interest is and to all Minerals on,
<br />in, or under, and that may be produced, taken or mined from the
<br />property on which it is granted with nay such Overriding Royalty
<br />Interest granted is property owned by the Grantor in fee, vesting
<br />immediately and being treated as nonparticipating royalty irate: est.
<br />For purposes of the SPS Agreement and the conveyance of Overriding
<br />Royalty Interest agreed to therein, the term "Minerals" is defined as
<br />•
<br />all oil, gas and other m inerals, includin g, without limitation, all coal
<br />and coal by-products (in cluding, without limitation, slack, extractions
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