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CONSEAT <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 fts mining on the surface, if any, to the extent <br />required by applicable mining end reelametton laws. <br />Township 13 South, Ranga 90 West. <br />6th P,M., Gunnison County. Colorado <br />Sec. 17: S/2 <br />Sec. 19: All <br />Sec. 2D: N/2, SW/4 <br />No.fecilitles or.ner.access roads shall be constructed on..the.nbove described <br />]ands without the prior written consent of Grand Mesa Properties Company <br />nor shall 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 shall be subject <br />to prior epproval by Grand Mesa Coal Company. <br />West Elk Coai Company shall notify Grand Mesa Properties Company at least <br />~ 24 hours in edvance of any entry on the above described lands. <br />West Elk Coai Company agrees to indemnify, defend and hold harmless Grand <br />Mesa Properties Company from any and all claims and liability (inciuding <br />death of or injury to persons) arising out of the activities of West Elk <br />Coal Company conducted pursuant to this consent, except for claims ar liability <br />based on the negligence ar willful misconduct of Grand Mesa Properties Company. <br />ES COMPANY <br />BY: <br />v <br />TITLE: S~7'r~~r <br />~ ~QWEST ELK COAL COMPANY, INC. <br />t~I 'O BY : ~ r <br />TITLE: vice President <br />