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AGREEMENT <br />This Agreement made this 23rd day of June, 1993, between Larry & Elaine Maut~ <br />("Mautz"1, a Colorado corporation, and MOUNTAIry COAL COMPANY ("Mountain Coal"), a <br />Delaware corpora(ion. <br />In consideration of the mutual promises set forth below and other goad and valuable <br />consideration, Mautz and Mountain Coal agree as follows: <br />1 . ~ Mautz grants to Mountain Coal access to and use of the surface of the <br />following lands for the purpose of conducting coal exploration and other activities in accordance <br />with provisions of 43 CFR, Part 3814. <br />Section 23: All <br />Section 24: All <br />T1 3S, R91 W, 6th Principle Meridian <br />Section 19: W% <br />T13S,R90W, 6th Principle Meridian <br />and as designated on the map attached as Exhibit A ("Mautz Lands"). <br />2. The coal drilling operations by Mountain Coal on the Mautz Lands shall be <br />conducted between June 21 ,1993 and August 28 ,1993, and shall include the drilling of up to six <br />exploration holes, and associated drill site construction and reclamation (including road building and <br />improvement) as authorized by the exploration license granted to Mountain Coal by the United <br />States Bureau of Land Management dated April, 1992. <br />-~~ 3. "Other activities" include, but are not limited to, environmental monitoring, <br />geologic and engineering studies, cultural and archeological surveys, and other similar activities. <br />4. Mountain Coal grants to Mautz a perpetual non-exclusive easement for the <br />sole purpose of access to the Mautz lands over the Lone Pine Gulch road, found in Section 18 of T. <br />13 S., R. 90 W., 6th Principle Meridian, further designated on the map attached as Exhibit A. <br />5(a.) Mountain Coal further grants to Mautz the right of access to the following <br />lands to protect those lands and to limit trespass: <br />SW% NE% south of the Denver and fiio Grande Western Railroad and S%:, Section <br />18, T13S, R90W, 6th Principle Meridian. <br />and further designated on the map attached as Exhibit A 1"Mountain Coal Lands"1. J~ ,,,_, <br />