1997-01-13_REVISION - X199621900

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INDIVIDUAL LICENSE AGREEMENT FOR LIMITED ACCESS WAIVER OF CLAIMS RELEASE OF LIABILITY AND NOTICE OF WARNING THIS AGREEMENT, is made and entered into this 16th day of May, 1996, by and between Hayden Gulch Terminal, Inc. ("Owner") and Cottonwood Land Company ("Licensee"), whereby the parties agree as follows: 1. GRANT OF PERMISSION. Owner in consideration of Licensee's promises herein, such promises being the sole consideration received by Owner, hereby gives permission to Licensee, revocable and terminable as hereinafter provided to enter upon the land owned by OWNER as described below, for the sole purpose of conducting coal exploration and environmental studies, all on the terms and conditions herein set forth which Licensee promises to comply and abide with. 2. DESCRIPTION OF PROPERTY. The land owned by OWNER subject to this Agreement(herein referred to as the "Premises") is described as follows: Township 5 North Range 88 West 6th p.m. Section 22: Part Sl/2 N1/2 Iving east of Routt Count Road 53 and Part S1/2 Ivin; east of Routt County Road 53, except that tract of land owned by Robert and Mary Barnes of approximately 40 acres located in the SEl/4 of Section 22. Section 26: NW 1/4 NW 114 and S 1/2 NW U4 Section 27: N/2 NEl/4, SEI/4 SEI/4. and NEI/4 NW 1/4 Licensee's access to Owner's land is limited to the Premises. Licensee shall notifi Owners lessee(s) prior to entry on the Premises. 3. TERM OF GRANT. The permission granted hereunder shall be effective as of December 15, 1996, and shall continue to December 31, 1997. unless terminated earlier as provided in paragraph I I of this Agreement. 4. WARNING! CONDITIONS OF THE PREMISES. OWNER hereby warns Licensee that the Premises may be daneerous and hazardous. OWNER further warns that it has not maintained or prepared the Premises for the purposes of the Licensee, and that OWNER cannot examine the Premises or be aware of its condition, or of the conduct of other persons. Therefore, OWNER does not warrant or represent that the Premises are safe or suitable for the purposes for which they are permitted to be used under the terms of this Agreement and makes no representation as to the conditions of the Premises, or as to the conduct of persons;including OWNER employees and agents on the Premises, except that the Premises may be unsafe for the purposes of the Licensee. Licensee, by this Agreement, is informed and understands that OWNER would be exposed to legal liability and cost of an unknown amount in order to extend this use of the Premises and would not, and does not, allow this usage without the relief of liability, waiver of claims and compliance with conditions provided for by this Agreement. 5. COMPLIANCE WITH APPLICABLE LAWS. Licensee shall comply with all applicable laws, rules, regulations, orders and ordinances of federal, state and local government offices and authorities, and Licensee shall indemnify and hold harmless OWNER, its directors, officers and employees from all penalties, fines and other charges resulting from violations or alleged violations by Licensee, of such laws, rules, regulations, orders and ordinances.