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CONSENT <br />Grand Mesa Propertfes Company hereby grunts Nest 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 zhe extent <br />required by applicable mining and reclamation'laws. <br />Township 13 South. Range 90 Nest. <br />6th P.M.. 6unnlsan County. Colorado <br />Sec. 17: S/2 <br />Sec. 19: A71 <br />Sec. 20: N/2, SW/4 <br />No facilities or new access roads shall be constructed on the above described <br />lands without Lhe prior written consent bf Grand Mesa Propertfes 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 Nest E1 k's A1n1ng shall be sub,)ect <br />to prior approve] by Grand Mesa Coal Company, <br />West Elk Coal Company shall notify Grand Mesa Properties Company at least <br />24 hours in advance of nny entry on the above described lands. <br />Nest Elk Coal Company agrees to indemnify, defend and hold hornless Grand <br />Mesa Properties Campnny from any and all claims and 11a611itY (including <br />death of or tn,)ury to persons) arising out of the activities of Nest Elk <br />Coal Company conducted pursuant to this consent, except for cla ms or liability <br />based on the negligence or willful misconduct of Grand Mesa Properties Company. <br />COMPANY <br />BY: <br />TITLE: <br /> <br />,iy,7 .NEST ELK COAL COMPANY, tNC. <br />~~ 8Y <br />TITLE: Vice President <br />