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<br /> <br />ff1NSFNT <br />Grand Mesa Properties Company hereby grants Bear Coal Company the right to enter <br />on the following described lands for the purpose of assessing, monitoring, and <br />mitigating the effects of its mining on the surface, if any, to the extent required <br />by applicable mining and reclamation laws. <br />Township 13 South, Range 90 West, <br />6th P. M., Gunnison County, Colorado <br />Sec. 17: S(2 <br />No facilities or new access roads shall be constructed on the above described lands <br />without the prior written consent of Grarrd t"ssa Properties Ccmpany. <br />Any action taken to mitigate the effects of Bear's mining shall be subject to prior <br />approval by Grand Mesa Coal Company. <br />Bear Coal Company shall notify Grand Mesa Properties Company at least 24 hours. <br />in advance of any entry on the above described lands. <br />Bear Coal Company agrees to indemnify, defend and hold harmless Grand Mesa Properties <br />Company from any and all claims and liability (including death of or injury to <br />persons) arising out of the activities of Bear Coal Company conducted pursuant <br />to this consent, except for claims or liability based on the negligence or willful <br />misconduct of Grand Mesa Properties Company. <br />GRAND MESA PROPERTIES COMPANY <br />BY: ~^ ~ <br />TITLE: Assistant General Manager <br />BEAR COAL COMPANY <br /> <br />TITLE: ~c.ri~e.~ f- <br />