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judgment entered therein and save harmless Oxbow from any and all <br />claims or damages resulting therefrom. <br />7. The rights and obligations of Bear hereunder may not be assigned, <br />transferred or delegated, in whole or in part, without the prior written <br />consent of Oxbow. <br />8. Upon expiration and/or termination, Bear shall promptly record with the <br />Clerk and Recorder of Delta County, Colorado, a document acceptable to <br />Oxbow, acknowledging termination of this Agreement and the automatic <br />release of the burden that it imposes upon the Surface Property. <br />9. This Agreement is executed by Oxbow without any warranties of title <br />either expressed or implied. <br />10. The parties hereby acknowledge and agree that that certain Lease dated <br />May 14, 1981 between Anchor Coal Company, predecessor in interest to <br />Oxbow, and Bear affecting the Subject Property is terminated and no <br />longer of any force and effect. <br />IN WITNESS WHEREOF, the parties have duly executed this Agreement as of <br />the date first above written. <br />OXBOW CARBON & MINERALS LLC <br />aul S. Fritzle <br />Vice President <br />BEAR COAL COMPANY <br />~~ <br />Daniel Bear <br />President <br />4 <br />N1019733 v5 <br />