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n <br />U <br />~~~This Right of Entry Agreement made and entered into this ~ 5 <br />day of-February, 2007, but intended to be effective as of January 1, 2007 by and <br />between CAM-Colorado LLC, Party of the First Part and McClane Canyon Mining LLC, <br />RIGHT OF ENTRY AGREEMENT ~ <br />Party of the Second Part. <br />WHEREAS, the Party of the First Part is the holder of certain leases with <br />the Bureau of Land Management for properties located in Garfield County and Mesa <br />County, Colorado, specifically identified as Lease Numbers COC 66514, C-0125439, C- <br />0125515, and C-0125516 and Party of the First Part has granted Party of the Second <br />Part the right to mine its leased properties; and <br />WHEREAS, the Party of the First Part is holder of certain other rights <br />necessary to access lands associated with the mining operation; and <br />WHEREAS, the Party of the First Part is holder of the right to mine certain <br />private coal and has granted Party of the Second Part the right to mine the private coal; <br />and <br />WHEREAS, the Party of the First Part and the Party of the Second Part <br />are entering into this Agreement for the purpose of granting the Party of the Second <br />Part the following rights which rights confirm rights Party of the Second Part has been <br />granted pursuant to that certain Contract Mining Agreement dated effective as of April <br />1,2007 (the "CMA") originally between Party of the First Part and CAM Mining LLC, <br />which CMA was assigned to CAM Mining LLC to Party of the Second Part effective as <br />of January 1, 2007 (to the extent of any inconsistency between the CMA and this Right <br />of Entry Agreement, the CMA shall control): <br />• Right to conduct mining operations on the leased and private coal lands by all <br />methods of mining, including contour, mountaintop removal, point removal, <br />auger, highwall and deep mining methods. <br />• Right to a BLM authorization to access and maintain ground water monitoring <br />wells located on BLM managed land outside of federal coal leases associated <br />with the McClane and Munger Canyon Mines. Said right is granted by a letter <br />dated February 16, 2006 from the BLM to J.E. Stover & Associates. <br />