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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 the extent <br />required by applicable mining and reclamation laws. <br />Township 13 South, Range 90 West. <br />6th P. M.. Gunnison County. Colorado <br />Sec. 17: S/2 <br />Sec. 19: All <br />Sec. 20: N/2, SW/4 <br />No.facilities ar.ner.access roads shall be constructed ou_ihe.above described <br />lends without the prior written consent of Grand Mesa Properties Company <br />nor shall West Elk Cea1 Company remove any coal outside the boundaries of <br />federal Coat tense C-0117192. <br />Any nction taken to mitigate the effects of West Elk's mining shall be subject <br />to prior npprovnl by Grand Mesa Coat Company. <br />West Elk Coal Company shall notify Grand Mesa Properties Company at least <br />24 hours 1n edvnnce of any entry on the above described sends. <br />Meat Elk Coal Company agrees to indemnify, defend and hold harmless Grand <br />Mesa Properties Company from any and all claims and Itabllity (including <br />death of or injury to persons) arising out of the activities of West Elk <br />Goal Company conducted pursuant to this consent, except far claims or liability <br />based on the negligence or willful misconduct of Grand Mesa Properties Company. <br />COMPANY <br />BY: <br />v ~~~ <br />TITLE: s/~~''~ <br />~ mQ~WEST ELK COAL COMPANY. INC. <br />l(d'O BY: ~ r <br />TITLE: Vice President <br />