PERMFILE119027

• Permit No: C1980003
• IBM Index Class Name: Permit File
• Doc Date: 12/17/2002
• Section_Exhibit Name: 1996 Tab 3 Appendix 3-3 Agreement of Sale
• Media Type: D
• Archive: No

completion of the Reclamation Obligations. From and
• after the date of the Closing, and until the
consummation of the Mined Land Closing, Buyer and
Seller shall cooperate with each other in all
reasonable respects with regard to the management of
the Mined Land, including, without limitation, with
regard to the formation, extension, and administration
of any leases or agreements which are or may be
structured to effect the Mined Land together with other
portions of the Property, such as any wildlife,
hunting, grating, farming, or other similar leases and
agreements. From and after the date of the Closing,
and until the consummation of the Mined Land Closing,
Seller shall permit Buyer access to and from the
surface of the Mined Land at any time and from time to
time as may be reasonably necessary in connection with
Buyer's use and enjoyment of the Property; provided
that in no event shall Seller be obligated hereby to
permit Buyer to use the Mined Land in any manner which
may interfere with, make more costly, or delay in any
material way the performance of any work by Seller in
its efforts to complete the Reclamation Obligations;
and provided further that Buyer shall indemnify and
hold Seller harmless from and against any and all
obligations, claims, losses, and damages, including
environmental response and remediation costs and
• liabilities, and including costs and attorneys' fees,
resulting from or related to Buyer's access to the
Mined Land and activities thereon, including, without
limitation, any mechanics' liens, The obligations of
the parties under this Paragraph 9 shall survive
the Closing.
3. Inspection Period. The second sentence of
Paragraph 7 of the Agreement is hereby amended to read as
follows:
The Inspection Period shall commence_on the date of
this Agreement and expire on September 20, 1995:
4. Corporate Approvals. The third sentence of
Paragraph 27 of the Agreement is hereby amended to read as
follows:
The Approval Period shall commence on the date of this
Agreement and expire on September 20, 1995.
5. Closina. Paragraph 15 of the Agreement is hereby
amended as follows:
A. The first sentence of Paragraph 15 of the
Agreement is hereby amended to read as
. follows:
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