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With respect to the "access" issue related to the Clancy parcel (Section 36, T 6 N, R <br />92 W, 6th PM), as you know, RAG Empire released the Clancy Coal Mining Lease at <br />midnight on July 14, 2003. However, as we discussed, the Clancy Coal Mining Lease <br />provides two distinct bases for continued color of title to enter onto the Clancy parcel. First, <br />Section 10, entitled "Right of Removal," expressly provides that RAG Empire will have a <br />continuing right of access for 6 months from the date of termination, orto midnight January <br />14, 2004, to remove all of its improvements and equipment from the premises. The leased <br />surface property was used as a coal stockpile area. RAG Empire's improvements thereon <br />include all items, materials, and enhancements used, constructed and/or placed on the <br />premises in connection with operation of its coal stockpile, which Empire now either desires <br />to remove or is obligated to remove. <br />Second, Section 9, entitled "Protection Against Surface Damage," provides that <br />RAG Empire has a continuing liability for damage to the surface which was "caused by <br />Lessee's operations on said lands." Implicit with such continuing liability is the duty to <br />mitigate all damage to the property and the attendant obligation and right to repair and <br />restore all surface damage. Pursuant to such obligation, RAG Empire has an implied right <br />to enter upon the Clancy parcel for the purpose of effectuating this surtace restoration. <br />Accordingly, RAG Empire possesses the requisite rights of access to the Clancy parcel <br />necessary for reclamation purposes. <br />