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CONSENT <br />Grand Mesa Properties Company hereby grants Nest 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 end reclamation laws. <br />To-mship 13 South, Range 90 West, <br />6th P. N.. 6unnisan County. Colorado <br />Sec. 11: S/2 <br />Sec. 19: A11 <br />Sec. 20: M/2, SW/4 <br />Na.facilitles or.new.access roads shall be constructed on_Lhe.above described <br />lands without the prior written consent of 6rnnd Mesa Properties Company <br />nor shalt West Elk Caal Company remove nny 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 approval by Grand Mese Caal Company. <br />Nest Elk Coal Company shall notify 6rend Mesa Properties Company at least <br />24 hours to advance of any entry on the above described lends. <br />West Elk Coal Company agrees to indemnify, defend and hold harmless 6rnnd <br />Mesa Properties Company from any and all claims and liability (including <br />death of or inJury to persons) arising out of the activities of West Elk <br />Foal Company conducted pursuant to this consent, except for claims or liability <br />based on the negligence ar willful misconduct of Grand Mesa Properties Company. <br />ES COMPANY <br />BY: <br /> <br />~mQ,WEST ELK COAL COMPANY, irtc. <br />t~"~ BY: ~ r <br />TITLE: Vice President <br />