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5/13/81 <br />• <br />subleased coal, the Lease and the Property as its absolute <br />property and expel Bear therefrom and those holding under it <br />without any further notice whatsoever, all without liability to <br />Bear for any injury or damage thereby caused. Bear hereby <br />expressly waives and releases any and every claim for any such <br />injury or damage. <br />Article 17 - Notices <br />All notices and payments under this Sublease shall be <br />• <br />deemed effective and made three (3) days after they have been <br />delivered into the United States registered or certified mails, <br />postage prepaid, to the following addresses: <br />ANCHOR (for notices): <br />ANCHOR (for payments): <br />BEAR:. <br />Anchor Coal Company <br />1536 Cole Boulevard, Suite 180 <br />Golden, Colorado 80401 <br />and <br />Anchor Coal Comoay <br />P. O. Box 26765 <br />Richmond, VA 23261 <br />Anchor Coal Compay <br />P. O. Box 26765 <br />Richmond, VA 23261 <br />Bear Coal Company <br />Somerset, Colorado 81434 <br />Article 16 - Time of Essence; Due Diligence; Force Maieure <br />The parties understand and agree that time is of the <br />• <br />essence Under this Sublease, and to that end Bear agrees to <br />perform with due diligence all of its covenants and obligations <br />hereunder. Bear's obligations under this Sublease, other than <br />the obligations to make payments accruing under Articles 4 and <br />5 above, shall be suspended during periods of force majeu re, <br />which for purposes of this Agreement shall mean the following: <br />A. Suspension, prevention or prohibition of mining <br />operations by law, ordinance, governmental regulation, <br />administrative or court order; provided, however, that <br />such cessation of mining is not due to the negligent <br />or intentional act of Bear relating to such mining or <br />mining operation and that Bear exercises the highest <br />-10- <br />,/ ; <br />~/ ~~ <br />