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16. LESSEE shall have the right at any time and from time to time during the periotl this Lease <br />remains in force and effect to terminate this Lease insofar as the same covers all or any portion <br />of the lands herein leased.. LESSEE shall effect any tertnlnation, whether in whole or in part <br />by executing antl delivering to LESSOR or placing of record a proper release or releases, and <br />LESSEE shall thereupon be relieved of any obligation hereunder or es to the acreage released, <br />as the case may be, but LESSEE'S obligations in regard to reclamation of the Property and <br />indemnification of LESSOR pursuant to paragraph 9, hereof, shall remain in force and survive <br />the termination of this Lease. If LESSEE terminates this Lease in part the annual rental and <br />annual minimum advance royalty required to be paid by LESSOR hereunder shall be retluced <br />proportionately from and after the date of each such partial termination. <br />17. At all times during the term of this Lease and any extension hereof, LESSEE shalt be <br />responsible for and shall pay all severance taxes, production taxes, business taxes and <br />personal property taxes imposed upon the interests leased hereunder The intent of this <br />provision is to make clear that while this Lease is in efted, LESSOR shall trove ito liability for <br />any additional taxes or government impositions whatsoever which may be imposed upon the <br />Property, Coal or rights resulting for the rights, title and interests granted to LESSEE under this <br />Lease. <br />18. All notices requiretl or permitted hereunder shall be in writing and shall be deemed to <br />have been properly given when sent, postage prepaid, by registered or certified mail, return <br />receipt requested, and addressed to the party at the address set forth below or such other <br />address as shall be designated by either of the parties prior thereto by written notice to the <br />other party. <br />LESSOR:Routt Caunry <br />do Board of County Commissioners <br />Post Office Box 773598 <br />Steamboat Springs, CO 80477 <br />),~~: Juniper Coa( Company <br />701 Market Street, Suite 716 <br />St. Louis, Missouri 63101 <br />79. The rights antl obligations of LESSOR and LESSEE may be assigned in whole or in part <br />and the provisions hereof shall extend to and .be binding upon their heirs, administrators, <br />executors, assigns and successors; provided, however, that ra change u• division in ownership <br />of the Property or Coal leased hereby or of the payments herein provided for, however <br />accomplished, shall operate to enlarge the obligations or diminish the rights of LESSEE; and no <br />such change or division in ownership or assignmem hereof by LESSOR shall be binding on <br />LESSEE until 30 days after LESSEE shall have been furnished by registered mail with a <br />certified copy of a recorded instrument or instruments evidencing same. <br />20. In addition to LESSEE'S rights derived from the existence of this Lease, LESSOR <br />agrees that it will not do anything or fail to do anything, which would prevent or obstruct <br />LESSEE'S rights hereunder; nor personally or by agreement with any such person or entity <br />other than LESSEE, explore for, develop or extract minerals from the Property without <br />LESSEE'S prior written consent, which consent, shall not be unreasonably withheld, and in any <br />event, or in any way do anything which would adversely affect LESSEE'S operations <br />hereunder, it being the intention of the parties that LESSEE'S rights under this Lease to extred <br />coal shall be dominant and superior to any other rights of usage or exploration of the Pmperty, <br />and shall not be hintlered in any way by activities of any other person or entity directed toward <br />the exploration, development or extraction of any mineral other than coat. The limRation <br />provided in this paragraph on LESSOR'S developmem of minerals shall run with the term of this <br />Lease. LESSOR shall be entitled to use the surface of fhe Property, N so owned by LESSOR, <br />for any other purpose which is not inconsistent with or interferes with the rights granted to <br />LESSEE herein. <br />21. This Lease constitutes the entire agreemem between LESSOR and LESSEE, with <br />respell to the subject matter hereof, and supersedes all prior or other agreements, <br />understandings, negotiations, and dealings. No changes or modifications hereof shall be <br />effective unless in writing executed by both parties hereto. /~ <br />Indial: !-~ <br />Indial:,~ <br />473048 B-729 P-158 01/14/1997 01:56P PG 5 OF 6 <br />