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,y 02i03~94 1644 S 303 790 4850 MINERS INC P.02 IIIIIIIIIIIIIIIIIII Cp(rTRpCT N0. ~ ~ ~ 013 CONTRACT AHD LICENSE THIS AGREEMENT, dated Jahuary 31, DENVER AND RIO GRANDE WESTERN RAILROAD called "Railroad", and MINERS, INC., "Contractor"; 1994, by and between THE COMPANY, a Delaware corporation, herein a Delaware corporation, herein celled WHEREAS, Mountain Coal Company owns two coal storage silos located on property leased from Railroad under Railroad lease number 709052, located on Railroad's North Fork Branch near Oliver, Gunnison County, Colorado at Railroad N11e Post 411.4, also known as Hawk's Nest Site; and WHEREAS, Contractor and Mountain Coal Company have entered into an agreement for demolition of the silos in conjunction with reclamation work required at the Hawk's Nest Site; and WHEREAS, Contractor's work is to be done in such s manner as to minimize any disruption or decays in rail service being provided by Railroad to Mountain Coal Company, NOW THEREFORE, it is mtually agreed by and between the parties hereto as follows: 1. Railroad grants to Contractor a license to enter upon the premises of the Railroad, including but not limited to, premises under lease to Mountain Coal Com any, in the vicinity of Railroad Nile Post 417.4 (Hawk's Nest Site as may be necessary in connection with the work required for demolition and removal of the two coal storage silos located thereon, for the period of time from the execution of this document until the earlier of such termination date as shall be mutually agreeable to Railroad and Contractor, or April 30, 1994. Written notice of an earlier date shall be mailed to the office of the Railroad's Manager of Contracts at P. 0. Box 5482, Denver, Colorado 80217. Railroad agrees to remove a sufficient number of panels of the loading track, ICC No.53, passing through end on both sides of the silos, approximating 300 lineal feet of track, at Contractors sole cost and expanse, on or about February 12, 1994, time and date to be mutuetty agreed upon by Railroad and Contractor. Railroad will replace the trackage removed on or about February 26, 1994, at the sole cost and expense of the Contractor. Railroad will provide a flegmnn for the duration of the project at Contractor's expense to protect Railroad property and to protect and control wovement of vehiclec end equipment of the Contractor while on Railroad promises when work 1s being progressed, including nights end weekends, 1f required. 1.