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CONTENT <br />Grand Mesa Properties Company hereby grants West Elk Coal Company the right <br />to enter on the following described lends for the purpose of assessing, monitoring, <br />and mitigating the effects of its mining on the surface, if any, to the extent <br />required by applicable mining end reclamation taws. <br />Tovmship i3 South, Range 90 West. <br />6th P. M.. Gunnison County. Colorado <br />Sec. 17: S/2 <br />Sec. 19: All <br />Sec. 20: N/2, SW/4 <br />No.faci]ities or.neW.access roads shall be constructed oa..the.above described <br />lands without the prior written consent of Grand Mesa Properties Company <br />nor shell West Elk Coal Company remove any coal outside the boundaries of <br />Federal Coal lease C-0117192. <br />Any action taken to mitigate the effects of West Elk's mining shaTi be subject <br />to prior approval by Grand Mesa Coal Company. <br />West Elk Coal Company shall notify Grand Mesa Properties Company at least <br />24 hours in advance of any entry on the above described lands. <br />West Elk Coal Company agrees to indemnify, defend and hold harmless Grand <br />Mesa Properties Company from any and all claims and liability (including <br />death of or injury to persons) arising out of the activities of West Elk <br />Coal Company conducted pursuant to this consent, except far claims or liability <br />based on the negligence or wistful misconduct of Grand Mesa Properties Company. <br />ROPERTIES COMPANY <br />BY : ,/r <br />v <br />T]TLE: S/J'r~~r 6 °jr~1'~/s- <br />~ WEST ELK COAL COMPANY. INC. <br />l~"O BY: ~ ~ <br />TITLE: Oiee President <br />