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CONSENT <br />Grand Mesa Properties Company hereby grants West Elk Coal Company the right <br />to enter on the following described lands for the purpose of assessing, monitoring, <br />and mitigating the effects of its mining on the surface, if any, to xhe extent <br />required by applicable mining and reclamation'1aws. <br />Township 13 South, Range 40 West. <br />6th P.N., Gunnison County. Colorado <br />Sec. 17: S/2 <br />Sac. 19: A71 <br />See. 20: N/2, 5W/4 <br />No feciitties or new access roads shall be constructed on the above described <br />lands without Lhe prior written consent df Grand Mesa Properties Company <br />nor shall West Elk Caal Company remora any coal outside the boundaries of <br />Federal Coel lease C-0117192. <br />Any action taken to mftigata the effects of Nest Elk's mining shall be subject <br />to prior approval by Grand Mesa Coal Company. <br />West Elk Canl Company shall notify Grand Mesa Properties Company at least <br />24 hours in advance of nny entry on the above described sands. <br />West Elk Coal Company agrees to indemnify, defend and hold harmless Grand <br />Mesa Properties Company from any and ail claims and liability (inetuding <br />death of or injury to persons) arising out of the activities of West Elk <br />Coal CampnnY conducted pursuant to this consent, except for claims or 1lability <br />based on tfie negligence or willfui misconduct of Grand Mesa Properties Company. <br />ES COMPANY <br />BY. <br />TITLE: <br /> <br />WEST ELK COAL COMPANY INC. <br />8Y: <br />TITLE: Vice president <br />