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WHEREAS, pursuant to a Settlement Agreement dated <br />June 29 1988, among the Lessor, BHP-Utah International <br />Inc., and the Lessee, the Lessor and Lessee agree to amend <br />the Lease as follows. <br />NOW, THEREFORE, in consideration of the premises <br />and the mutual covenants herein contained, the Lessor and <br />Lessee agree to amend the Lease as follows, effective as of <br />August 19, 1988: <br />1. The demising clause and Exhibit A of the Lease <br />are amended by deleting all lands in Township 6 North, <br />Range 93 West of the 6th P.M. <br />2. The habendum clause of the Lease is amended to <br />read as follows: <br />TO HAVE AND TO HOLD the above-described <br />premises, with the appurtenances, unto the Lessee, <br />its successors, assigns or legal representatives, <br />from August 19, 1969, for the full term of 35 <br />years and until the 19th day of August, 1999, and, <br />except as hereinafter stated, as long thereafter <br />as coal is being produced in paying quantities <br />from said premises and as long as the royalty and <br />rents provided for herein, or by any extension <br />hereof, are being paid, subject to the following <br />terms, conditions and agreements, to wit: <br />3. In paragraph 1 of the Lease, the minimum and <br />advance royalty shall be amended to be $12,162, which sum <br />represents the payment of $9.50 per lease acre. In addition, <br />the third sentence of paragraph 1 shall be amended to read <br />as follows: <br />Such minimum advance royalties paid on the lands <br />contained in this lease shall be credited against <br />the first royalties to become due as hereinafter <br />set forth under Paragraph 2 hereof for coal actually <br />mined during the year for which such minimum <br />royalties were paid, and thereafter as hereinbelow <br />provided. <br />4. A new paragraph 1(a) shall be added to the <br />Lease as follows: <br />-2- <br />