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conditions, the AO will give proper notice to the <br />operator/lessee as required under applicable regulations. The <br />AO will order a modification, if necessary, identifying <br />additional reserves to be mined in order to attain MER. Upon <br />a final administrative or judicial ruling upholding such an <br />ordered modification, any reserves left unmined (wasted) <br />under [hat plan will be subject to damages as described in the <br />first paragraph under [his section. <br />(4) Subject to [he right to appeal hereinafter set forth, <br />payment of the value of the royalty on such unmined <br />recoverable coal reserves shall become due and payable upon <br />gt1M1E. nutil'0.iv~ ~!ti/'4L 1.1^C, <br />(Company or Lessee Name) <br />By <br />(Signatur of Lessee) <br />'P,res~~~.~r -CEO <br />(Title) <br />sati,.~~., e , aoo~ <br />(Date) <br />determination by the AO [hat the coal reserves have been <br />rendered uamineable or at such time that the operator/lessee <br />has demonstrated an unwillingness [o extract [he coal. <br />(5) The BLM may enforce this provision either by <br />issuing a written decision requiring payment of the MMS <br />demand for such royalties, or by issuing a notice of non- <br />compliance. A decision or notice ofnon-compliance issued by <br />the lessor [hat payment is due under [his stipulation is <br />appealable as allowed bylaw. <br />The United States of America <br />Title 18 U.S.C. Section 1001, makes it a crime for any person knowingly and willfully to make to any department or agency of [he United <br />States any false, fictitious or fraudulent statements or representations as to any matter within its jurisdiction. <br />EN3 C7 <br />_. C <br />G^_ <br />- ~~~ <br />rn t~ <br />r-, , <br />~ ~ , ~. <br />~ 22 Q <br />(Date) <br />