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• LICENSC AGRCCN1l;N'1' <br />Atlantic Lichfield Company ("AILCO") hereby grants Bear Coal Company ("Bear") a <br />license to enter the following described lands for the purpose of assessing, monitoring, and <br />mitigating the e(1'ects of its mining on the surface, if any, to the extent required by <br />applicable mining and reclamation laws. <br />'Township 13 South, Range 90 West <br />Section 18: NC/4 SW/4, SW/4 NG4, SE/4 NE/4, SE/4 <br />In Gunnison County, Colorado <br />TELMS OF AGREEMENT <br />I. No facilities or new access roads shall be constructed on the above <br />described lands without the prior written consent of ARCO. <br />2. Any action taken to mitigate the effects of Bear's mining shall be subject to <br />prior approval of ARCO, and shall be in compliance with all applicable laws and <br />provisions of dte regulatory authorities. <br />• 3. Bear agrees to protect, defend, indcnwity and hold hannlcss AIZCO, its <br />subsidiary Mountain Coal Company, and their respective oflicers, directors, employees, <br />shareholders, subsidiaries, agents, successors and assigns from and against any liabilities of <br />any kind or character whatsoever resulting from, relating to, or arising out of the activities <br />of Bear conducted pursuant to this License Agreement, except for claims or liability based <br />on the negligence or willful misconduct of ARCO. This liability assumed by Bear shall <br />specifically include (without limiting the generality of the foregoing) the Iollowing: <br />a) All liabilities and obligations fur any reclamation, cleanup, <br />abatement, or remedial requirements, and any fines or penalties and related costs for any <br />violations of, or actions needed to achieve compliance with all governing laws and <br />regulations, including without limitation the Federal Comprehensive Environmental <br />Response, Compensation, and Liability Act and Lesource Conservation and Recovery Act <br />and similar slate laws. <br />b) All liabilities and obligations, including all costs related thereto, <br />incurred as a result of or in connection with any claims of injury, illness, or death of auy <br />person or damage or <Ieslruclion vfany properly arising lium or pursuant to the License <br />Agrecntcnl. <br />4. Bear shall notify AKCO at least 24 hours in advance ul'any entry onto the <br />above described lands. <br />