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sits, eommiaton shall be payable only If at or befaro delivery PVI receives a <br /> letter signed by an officer of C b F stating the dmired amount and the time <br /> and place of delivery. <br /> 10. PVI will not without the prior written consent of C a F engage <br /> in coal mining operations or acquire ar lease Imd for coal mining purposes in the <br /> area of luchuleta County, Colorado, shown on the United States Geological Survey <br /> topographical map for the Chimney Roek quadrangle (7.5 minute series, 1968) lying <br /> between the Township 33 North line on the south (the Southern Ute Indian Reservation, <br /> Boundary) and the Township 34 North line on the north (the northernmost of the two <br /> lines so marked). If C b F refuses such consent, PVI may nevertlxless proceed, but <br /> C L F shall receive a royalty equal fo two percent (2'h) of the price of the coal at <br /> the tipple, lea any severance or similar tmc imposed. Said royalty shall be paid on a <br /> monthly 6osis. C d, F agrees that it will not enter into any mining operatims or transfer <br /> any leases relating to the Qea defined above without offering PVI in writing the <br /> opportvnlty to engage in weh mining operations or acquire such lenses on terms of <br />• ~ least as favorable as C b F would grant to anyone else. PVI shall have sixty (60) days <br /> from the receipt of any proposal within which to accept it. <br /> 11. Eath of the parties hereto agrees to cooperate to the fullest extent <br /> and to take such action as may be necessary or appropriate, including tTre execution <br /> of my further or additional instrvmenri, to enable PVI to proceed with the exhxtian <br /> and sole of coal from the leased premises. <br /> 12. Each of the parties hereto agrees to hold the other harmless from all <br /> costs, loses, damages and expenus, including, but not limited to, reasonable attorney's <br /> fees, rewlt'vg from any breach of its agreements, representations or wortanties mode <br /> harem. <br /> 13. Neither party hereto sha11 be deemed to be in breach of this agree- <br /> ment unlea It shall hove received written notice from the other party specifying wherein <br /> it is in default and shall hove failed to aura such default within fifteen (15) days from <br />• ~ <br />