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<br />CONSENT <br />Grand Mesa Properties Company hereby grants West Elk Coal Company the right <br />to enter on the following described lands 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 laws. <br />Township 13 South, Range 90 West, <br />6th P.M., Gunnison County, Colorado <br />Sec. 17: S/2 <br />Sec. 19: All <br />Sec. 20: N/2, 541/4 <br />_ -No facilities or. new-access roads shall be constructed on..tha.above described <br />lands without the prior written consent of Grand Mesa Properties Company <br />nor shall West Elk Coal Company remove any coal outside the boundaries of <br />Federal Coal lease C-0111192. <br />Any action taken to mitigate the effects of West Elk's mining shall be subject <br />to prior approval by Grand Mesa Coal Company. - <br />West Elk Coal Company shall notify Grand Mesa Properties Company at least <br />24 hours in advance of any entry on the above described lands. <br />West Elk Coal Company agrees to indemnify, defend and hold harmless Grand <br />Mesa Properties Company from any and all claims and liability (including <br />death of or injury to persons) arising out of the activities of West Elk <br />.. Coal 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 />GR'!ul~--}tESd PP,OPERTIES COhiPAPIY <br />B •i <br />TITLE: ~~JSS/Ii~.c7 6 ~7•r~r~L ~~~.c-/-~Fj<"i <br />SST ELK COAL COh1PAP1Y, zuC. /J <br />~` <br />~ ~% /mil Ji/GZ~~ L~ <br />8'! : 1 <br />TITLE: Vice President <br />