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CONSENT <br />brand Mesa Properties Company hereby grants Nest Elk Coal Company the right <br />to enter on the following descrl6ed lends for the purpose of assessing, monitoring, <br />and ml tigating the effects of its mining on the surface, if any, to the extent <br />required by applicable mining and reclamation laws. <br />Township 13 South. Range 90 hest. <br />6th P,M.: 6unnisan County. Colorado <br />Sec. 17: S/2 <br />Sec. 19: All <br />Sac. 20: N/2, SV/4 <br />.Na facilities ar.ner.access roads shall be constructed aa_the.above described <br />lands without the prior written consent of Grand Mesa Properties Company <br />nor shall Vest Elk Caal Company remove any coal outside the boundaries of <br />federel Coal lease C-0117192. <br />Any action taken to mitigate the effects of Vest Elk's mining shall be subject <br />to prior approval 6y Grand Mesa Coal Company. <br />Nest Elk Coal Company shall notify Grand Mesa Properties Company at least <br />24 hours 1n advance of any entry an the above descrl6ed lands. <br />Vest Elk Coal Company agrees to inde:m:lfy, defend and hold harm]ess Grand <br />Mesa Properties Company from any and all claims and itab111ty (including <br />death of or infury to persons) arising out of the activities of Kest Elk <br />Goai Company conducted pursuant to this consent. except for claims er liability <br />based on the negligence or xlliful misconduct of Grand Mesa Properties Company. <br />COMPANY <br />BY: <br />TITLE <br />6• <br />~~Qi1QEST ELK COAL COMPANY, ~iC. <br />l~I'O BY: ~ r <br />TITLE: Vice President <br />