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C ~~ <br />C~ <br />by Flatiron Paving Company. All payments due C. Carew <br />McFall as of the date of this Coal Sublease under the terms <br />of the H-E Lowdermilk Sublease and any amendments thereto <br />have been paid by Flatiron Paving Company. Flatiron Paving <br />Company is not otherwise in default under the H-E Lowdermilk <br />Sublease. <br />IN CONSIDERATION OF THE MUTUAL COVENANTS <br />CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: <br />I. <br />Description of Premises <br />Walden Coal Company subleases from Flatiron Paving Com- <br />pany the following-described premises: <br />. South Half of the Southeast Quarter of Section 7 <br />and the North Half of the Northeast Quarter of <br />Section 18, Township 9 North, Range 78 SOest, in <br />Jackson County, Colorado, <br />which premises are also and more fully set forth and de- <br />scribed in the Bourg and Knowles Leases, both dated May 10, <br />1978. <br />II. <br />Subject to Terms of Coal Leases <br />and Sublease <br />This Coal Sublease is expressly made subject to all of <br />the terms and conditions contained in the H-E Lowdermilk <br />Sublease and the Bourg and Knowles Leases, including amend- <br />ments thereto. <br />III. <br />Assumption of Responsibility <br />Flatiron Paving Company subleases to Walden Coal <br />Company the premises described in the H-E Lowdermilk Sub- <br />lease, and Walden Coal Company agrees to perform all of the <br />covenants and conditions contained in the H-E Lowdermilk <br />Sublease to be performed by Flatiron Paving Company; except <br />• that all payments to be made by Flatiron Paving Company to <br />H-E Lowdermilk Company and to C. Carew r;cFall shall be made <br />by S•:alden Coal Company to Flatiron Paving Company and in <br />-2- <br />