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t <br />AGREEMENT PdQC 2 <br />Miners Inc. shall be liable for a payment to Mountain Coal Company of $1,000.00 per hour <br />per track for each hour that the allowable closure time is exceeded. A track shall be <br />considered closed if the track is determined by the Southern Pacific Railroad not to be <br />functional. (This definition of track closure is in lieu of that found in paragraph 13 of the <br />Hawk's Nest Reclamation Project Agreement for Reclamation Activities.) Mountain Coal <br />Company may extend the allotted time for track closure by providing written notice of the <br />extension to Miners Inc. <br />7. This Agreement supplements other contracts entered into by Miners Inc. for the <br />reclamation of the Hawk's Nest Site. Where the terms of this Agreement and the terms of any <br />other agreement are inconsistent, the terms of this Agreement control. <br />MINERS INC. <br /> <br />Its: fires %d e„ ~ <br />MOUNTAIN COAL COMPANY <br />Its: ~e~ide„~ <br />iEGAI <br />