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CONSENT <br />Grand Mesa Properties Company hereby grants west Elk Coal Company the right <br />to enter an the following described lands 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 and reclamation'1aws. <br />Tormshlp 13 South. Range 90 West. <br />6th P. M.. Gunnison County. Colorado <br />Sec. 17: S/2 <br />Sac. 19: A71 <br />Sec. 20: N/2, SW/4 <br />No facilities ar new access roads shall be constructed on the above described <br />lands without the prior written consent df 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 raining shall be subject <br />to prior approval by Grand Mesa Coal Company. <br />West Elk Caal Company shall notify Grand Mesa Properties Company at least <br />24 hours in advance of any entry an the above described lands. <br />West Elk Coal Company agrees to indemnify, defend and hold harmless Grand <br />Mesa Properties Company from any and alt claims and liability (inetuding <br />death of or tnjury to persons) arising out of the activities of West Elk <br />Coat Company conducted pursuant to this consent, except for claims or liability <br />based on tfie negligence or willful misconduct of Grand Mesa Properties Company. <br />ES COMPANY <br />BY: <br />TITLE: <br />6' <br />WEST ELK COAL COMPANY, INC. <br />BY: <br />TITLE: Vice P3eaident <br />