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3.1 In the event of an emergency situation involving the Licensees' facility, Licensees shall notify Licensor's Dispatch Control Center, at the eazliest convenient time. The Dispatch Control Center can be contacted at (303) 452- 61]], extension 3646 during business hours or (800) 230-6180 during evening hours and weekends 3.2 Licensee understands the Licensor's Axial to Meekerl38 kV transmission line cannot be taken out of service during construction of the highwall mining operation to extract and recover coal. 3.3 Licensee shall restrict construction equipment height on the surface under the transmission line to fourteen (14) feet. 3.4 Licensee shall ensure that all employees working in the right-of--way of the transmission line aze qualified as defined per latest M.S.H.A. requirements. 3.5 Licensee shall be responsible and cover all costs associated with any surface and subsidence damage to the Axial-Meeker 138 kV transmissior~aused by the highwall mining operation to extract and recover coal, t~~~-u .~ 5 3.6 Licensee shall place signs at each end of Licensor's transmission line right of way stating that mining activities are being performed below the ground surface. 4. This license is issued subject to any prior licenses or leases granted by the Licensor for facilities of other parties. Licensor reserves the right to license others to install optical cable with wire, pipes, conduits or ducts in, on, under and along the premises herein described, provided that same shall notinterfere unreasonably with the license herein granted. 5. Unless extended, Licensee is hereby granted ninety (90) days from the date of execution by Licensor to initiate construction as described in Exhibit "A". It is understood that the highwall mining operation to extract and recover coal will extend for a period of at least ten years. 6. No activities which may be undertaken by Licensee pursuant to this License shall in~~~ any way damage facilities of Licensor, and if such damage occurs, Licensee shall tak// immediate steps to correct the condition and will compensate Licensor for any~~amages. K'p7 Should Licensee fail to so correct and compensate, Licensor may declare this license terminated thirty (30) days after notice of its intent to do so is mailed to Licensee.