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CONSENT <br />Grand Mesa Propertles Company hereby grants Nest Elk Coal Company the right <br />to enter on the following described lends 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 taws. <br />Township 13 South, Range 90 Mest, <br />6th P. M.. 6unnisan Country. Colorado <br />Sec. 17: S/2 <br />Sec. 19: A11 <br />Sac. 20: N/2, SW/4 <br />No.fecilitles or.new.accesa roads shall be constructed aa_ihe.above described <br />lands without the prior written consent of brand Mesa Properties Company <br />nor shall Nest 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 Elk's mining shall be subject <br />to prior approval 6y Grand Mesa Coal Company. <br />West Elk Coal Company shall notify Grand Mesa Properties Company at least <br />24 hours 1n advance of any entry on the above described tends. <br />West Elk Coal Company agrees to indemnify, defend and hold harmless Grand <br />Mesa Propertles Company from any and all claims and 11ab111ty (including <br />death of or injury to persons) arising out of the activities of West Elk <br />(:oat Company conducted pursuant to this consent, except for claims or liability <br />based on the negligence or willful misconduct of Grand Mesa Properties Company. <br />COMPANY <br />BY: <br />TIT E:- /75~~~~"r 6', <br />r~QiViEST ELK COAL COMPANY, INC. <br />l~"O BY: ~ r <br />TITLE: Vice President <br />