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ARCO ~' • Legai '~. 555 Sevemeernh Svee: Dem: e' CO d0207 ~- Teiepnone 393?9s <_3J Facs~nue 3C3 293 »095 Scot W. Anderson Auorne: iii iiiiiiiiniii iii 999 CERTIFIED MAIL NO. P 397 380 484 RETURN RECEIPT REQUESTED October 1, 1993 Mr. Larry Mautz Post Office Box 624 Aspen, Colorado 81612 RE: Jumbo Mountain Construction Agreement. MCC-9316 Dear Mr. Mautz: Under the terms of Section 6.2 of the Construction Agreement between you and Mountain Coal, as referenced above, you were to notify Mountain Coal when you completed the Work specified in the contract. Tony Mautz indicated by telephone on September 24, 1993, that reseeding had been completed. Mountain Coal, therefore, hereby notifies you that the Work under the Construction Agreement has been completed. Mountain Coal requests that you prepare an invoice for all Work completed to date and immediately forward that invoice to Mountain Coal Company. Mountain Coal will expect to receive an invoice within 30 calendar days of the date of this letter. Please break down the charges in your invoice by drill hole and task, in addition to by day, so Mountain Coal can relate those charges to the not-to-exceed amounts. If you believe you incurred any expenses not included within the scope of the not-to-exceed amount, please include all relevant documentation concerning those expenses. You should note, however, that charges over the not-to-exceed amount were compensable only where additional work was approved in writing by Mountain Coal. Mountain Coal Company also understands that you may believe that some of the reclamation work was not properly completed. You have not requested Mountain Coal's approval to perform additional reclamation work. Please note that under Section 2.6 of the Construction Agreement, you agreed to "perform the Work in a professional and workmanlike manner in accordance with generally accepted practices for the nature of the Work." If, in fact, reclamation was not properly performed, you are required by this same Section of the Construction Agreement to correct any defective work at your own expense. Mountain Coal is confident you will fulfill your contractual obligations. Anannc a2m via l.om0ac.