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(d) Resource Recovery and Protection. (1) Notwithstanding the approval of a resource recovery and protection plan (R2P2) by the BLM, lessor reserves the right to seek damages against the operator/lessee in the event (i) the operator/lessee fails to achieve maximum economic recovery (MER) (as detined at 43 CFR 3480.0-5(21) of the recoverable coal reserves or (ii) the operator/lessee is determined to have caused a wasting of recoverable coal reserves. Damages shall be measured on the basis of the royalty [ha[ would have been payable on the wasted or unrecovered coal. (2) The parties recognize that under an approved R2P2, conditions may require a modification by the operator/lessee of that plan. In the event a coalbed or portion [hereof is not [o be mined or is rendered unmineable by [he operation, the operator/lessee shall submit appropriate justification to obtain approval by the AO to leave such reserves unmined. Upon approval by the AO, such coalbeds or portions thereof shall not be subject to damages as described above. Further, nothing in this section shall prevent the operator/lessee from exercising its right to relinquish all or portion of the lease as authorized by statute and regulation. (3) In the event the AO determines that the R2P2, as approved, will not attain MER as the result of changed conditions, the AO will give proper notice to the operator/lessee as required under applicable regulations. The AO will order a modification, if necessary, identifying additional reserves to be mined in order to attain MER. Upon a final administrative orjudicial ruling upholding such an ordered modification, any reserves left unmined (wasted) under that plan will be subject to damages as described in the tirst paragraph under this section. (4) Subject [o the right ro appeal hereinafter set forth, payment of the value of the royalty on such unmined recoverable coal reserves shall become due and payable upon determination by [he AO [hat the coal reserves have been rendered unmineable or a[ such time that the operator/lessee has demonstrated an unwillingness to extract the coal. (5) The BLM may enforce this provision either by issuing a written decision requiring payment of the MMS demand for such royalties, or by issuing a notice of non- compliance. A decision or notice of non-compliance issued by the lessor that payment is due under this stipulation is appealable as allowed by law. The United States of America btt.•t~a.«, l~Z'r:il, ~-P4,~, L,L.C. ~?65 (Company or Lessee Name) By -~cQL~..~. `~ (Signature of Lessee) Yr~s,~~e.,,~ (Title) 4~1c%Ot f (Date) By ( Wing fficer) ~r~~~ (/, Iih~ (Title S ~0 G ( ate) Title 18 U.S.C. Section 1001, makes it a crime for any person knowingly and willfully to make to any depaz[ment or agency of the United Slates any false, fictitious or fraudulent statements or representations as to any matter within its jurisdiction.