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CONSENT <br />Grand Mesa Properties Company herehy grants West Elk Coai 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 sufface, if any, to xhe extent <br />required by applicable mining and reclematlon'laws. <br />Township I3 South. Range 90 Kest, <br />6th P.M., 6unntson County. Colorado <br />Sec. 17: S/2 <br />• Sac. 19: A11 <br />Sec. 20: N/2, SW/4 <br />No facilities or new access roads shall be constructed on the above described <br />lands without the prior written consent df Grand Mesa Properties Company <br />nor shall West Elk Coal Company remove any coal outside the boundaries of <br />Federal Canl lease C-0117192. <br />Any action taken to mitigate the effects of Nest Elk's mining shall be subject <br />to prior approval by 6rend Meaa Coal Company. <br />Nest Elk Coal Company shell notify Grand Mesa Properties Company at least <br />24 hours in advance of any entry an the above described lands. <br />West Eik Coal Company agrees Lo indemnify, defend and hold hornless Grand <br />Mesa Properties Company from any and all claims and liability (including <br />death of or tn~ury to persons) arising out of the activities of West Elk <br />Coal Company conducted pursuant to this consent, except for claims or liability <br />based on the negligence or willful mtsconduct of Grand Mesa Properttes Company. <br />ES COMPANY <br />BY: <br />T1 <br />6`, <br />•i~J -NEST ELK COAL COMPANY, I2rC. <br />~. BY: <br />TITLE: Vice President <br />