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<br /> <br />r 1 <br />LJ <br />REVISED LEASING AGREEMENT <br />This agreement is made the 31st day of May, 1979 <br />between ROCKY MOITNTAIN LAND AND MINERALS CORPORATION, a New <br />Mexico corporation, as Lessor ("Rocky Mountain"), and CHIMI7EY <br />ROCK COAL, a limited partnership of which E 6 A Engineering, <br />Inc., a New Mexico corporation ie the general partner, as Lessee <br />("Chimney Rock"), It revises and supersedes that certain lensing <br />agreement dated December 24, 1976 as amended November 17, 1978 <br />between the parties. , <br />1. Rocky Mountain has heretofore transferred or hereby <br />transfers and assigns to Chimney Rock all of its rights in and to <br />the leases, agreements and other instruments listed in Exhibit <br />"A" attached hereto and incorporated herein by reference. <br />2. Effective upon the date hereof, Chimney Rock agrees <br />to pay to Rocky Mountain a royalty of $1.00 for each ton of fee <br />coal which is mined and sold fron the premises covered by any of <br />• the leases which are the subject of this agreement. Such royal- <br />ties shall be paid at the same tine as the payment of royalties <br />under the coal leases and oavments shall be accompanied by appro- <br />- priate accounting statements furnishing all information which is <br />furnished to the original lessor. The parties acknowledge the <br />importance of strict accounting for coal mined under specific <br />leases and the making of accurate reports to Rocky Mountain on a <br />. monthly basis. <br />3. Chimney Rock will pay to Rocky Mountain a minimum <br />annual royalty as an advance against the royalties described in <br />Paragraph 2 hereof. All such minimum annual royalties shall be <br />deemed advances against future royalties payable hereunder regard- <br />, less of when such royalties may actually be earned. The minimum <br />annual royalty shall be $90,000.00 per year. The first such <br />J <br />