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5/13/61 <br />,. <br />• AGREEMENT <br />THIS AGREEMENT is made and entered into this ~~ day <br />of ~~~~~ , 1981, by and between ANCEfOR COAL COMPANY, a <br />v <br />Colorado corporation ("Anchor") and BEAR COAL COMPANY, a <br />Colorado corporation ("Bear"); <br />WITNESSETR• <br />WHEREAS, Empire Energy Corporation, as owner of United <br />States Coal Lease No. Denver 052501, dated August 20, 1945 (the <br />"Lease"), assigned the Lease to Anchor by Assignment dated <br />September 25, 1978; <br />WHEREAS, Anchor is the owner of certain suf ace rights <br />appurtenant to the Lease, such surface rights being described <br />in more particular in the original patents to the surface of <br />the lands subject to the Lease (hereinafter the <br />• ~ "Surface Rights"); <br />WHEREAS, Anchor purchased certain fee lands and <br />improvements (hereinafter collectively "the Roberts Property") <br />adjacent to the Lease; <br />WHEREAS, Anchor and Hear now wish to enter into a <br />sublease of the Lease and a lease of the Roberts Property, all <br />upon the terms and conditions set forth in this Agreement and <br />the Exhibits hereto. <br />NOW, THEREFORE, the parties hereto agree as follows: <br />1. Sublease. Anchor does hereby agree to sublease to <br />Bear the Lease and the Surface .Rights pursuant to the terms and <br />conditions contained in the Sublease attached hereto as Exhibit <br />A (hereinafter the "Sublease"). Hear agrees to file promptly j <br />with the Colorado State Office of the Bureau of Land Management <br />(hereinafter the "BLM") all documents necessary to obtain the <br />B LM's approval of the Sublease. If such approval is not <br />• obtained within ninety (90) days from the date hereof, then <br />I <br />,,; ~;~ <br />~l ~ <br />