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LICENSE <br />TSL-3614-050919 <br />THIS LICENSE, made this _ day of October, 2005, by and between TRI-STATE <br />GENERATION AND TRANSMISSION ASSOCIATION, INC., a Colorado cooperative <br />corporation of Adams County, Colorado, hereinafrer called "Licensor," and COLOWYO COAL <br />COMPANY, L.P., hereinafrer called "Licensee." <br />WI"fNESSETH: <br />WHEREAS, Licensor owns easements for an electric transmission line in portions of the <br />West Half of Section 4, the East Half of Section 8, the Northwest Quarter of Section 9 and the East <br />Half of the Northeast Quarter and the Northwest Quarter of the Northeast Quarter of Section 17, <br />Township 3 North, Range 93 West, of the Sixth Principal Meridian, Moffat County, Slate of <br />Colorado; <br />WHEREAS, Licensee has requested permission to remove, construct, operate, maintain and <br />repair a highwall mining operation to extract and recover coal underground, beneath the said <br />easement of the Axial to Meeker138 kV transmission line: <br />NO W THEREFORE, in consideration of the sum of One Dollar ($1.00), the receipt of which <br />is hereby acknowledged, Licensor does hereby grant to Licensee a license to locate its faci]ity as <br />shown on Exhibit "A", attached hereto and made a part hereof subject to the following terms and <br />conditions, to wit: <br />1. Licensee has furnished Licensor with a copy of Licensee's Mine Plan drawing as per <br />its September 2, 2005 letter with the highwall mining operation to extract and recover coal <br />shown and marked "as-betilt Exhibit 'A"' so that Licensor may verify the required clearance~p <br />with a field survey of the "as-~i1t Exhibit'A" crossing. II" K ~( <br />s .Said copy is to be <br />mailed to Licensor's Land and Land Rights Department, P.O. Box 33695, Denver, Colorado <br />80233. <br />2. It is understood and agreed that the Licensor is the owner ofonly aright-of--way grant <br />in the above described property for the construction, operation, maintenance, and <br />reconstruction of an electric transmission line, and that the Licensee is the fee owner of the <br />property. <br />3. Licensor requires, and Licensee accepts, the following special conditions placed upon <br />[his License: <br />1 <br />