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<br />successors and assigns, in the quiet and peaceable possession of the assigned Interest, but <br />only against all persons claiming the title to or in said Interest by or through Assignor. <br />Assignee hereby accepts this Assignment and does hereby assume and agree to pay, <br />discharge and perform, or cause to be paid, discharged and performed, from and after the <br />date hereof, all duties, obligations and liabilities of the Venture and respecting the assets <br />of the Venture of ony kind or description whether created or suffered before or after <br />execution and delivery of this Assignment, except to the extent caused by the sole acts <br />or omissions (i.e. without the participation of Peabody) of Assignor. <br />This Assignment has been executed by Assignor and Assignee and delivered pur- <br />suant to the terms and provisions of the Contract. To The extent the terms and provi- <br />sions of this Assignment are inconsistent with the terms and provisions of the Contract, <br />The Contract shall prevail. <br />IN WITNESS WHEREOF, said Parties have executed this Assignment by their <br />respective authorized officers, the day and year first above written. <br />ATTEST: WESTERN UTILITY CORPORATION <br />~~~.~ <br />Assistant Secretary <br />ATTEST: <br />/~/ <br />By <br />Vice President <br />Accepted by: <br />PEABODY COAL <br />Vice President <br />