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HIND: Srhool 5 4 0 1 96/3 62
<br />containing 1].224.25 acres, more or less (such coal and the following related rights being hereinafter call "the
<br />Leased Premises"), together with the right to use as much of the surface above the Leased Premises as tray be
<br />reasonably required in the exercise of the right to mine, including snip mining and undergrou~ mining with the
<br />right to subside the surface, and wit}t the right to enter upon the surface to condux subsidence monitoring and
<br />surveying, and to conduct surface subsidence remediation and repairs as required by law; the right to conduct
<br />environmental monitoring, surveying and assessments and the right to reasonable ingress and egress; the right to
<br />construct buildings, make excavations, stockpiles, dumps, drains, roads, railroads, power lines, pipelines and other
<br />improvements as may be reasonably necessary in the mining and removal of said wal, to.the extent Lessor has the
<br />authority to.grant such; subjex, however, W all existing easements and rights-of-way of third parties; grid the rights
<br />of surface lessees and surface patentees, and further subject to the terms, conditions and agreements set out in ibis
<br />Lease. The above-mentioned rights may be exercised in connexion with mining or development oa the Leased
<br />Premises, or with mining or development on other or adjacent lands so long as Lessee is not in default undo the
<br />terms of this Lease and Lessee wntinues to pay to Lessor any and all royalties or rentals due under the testa of
<br />this Lease. The above rights to use the State lands above the Leased Premises without mining oa the Leased
<br />Premises will be at the discretion of Lessor; but if Lessee is, has been, or will be wnducting mining operations upon
<br />the Leased Premises, such rights shall be vested in Lessee.
<br />RESERVING, however, to the State of Colorado:
<br />A. All rights and privileges of every kind and nature, except as are herein specifically granted.
<br />B. The right to use or lease said premises or any part thereof at any time for any purpose, including the
<br />right to explore and prospect said premises for minerals other than coal. The use and leasing of said
<br />premises shall be for purposes other than and not inconsistent with the rights and privileges herein
<br />specifically granted. Notwithstanding the foregoing, any subsequent agreement affecting the Leased
<br />Premises, and the righu therein granted shall be subordinate to this Lease and the rights herein granted
<br />to Lessee.
<br />C. The right to dispose of or ]ease the surface above the Leased Premises. Any subsequent lease or
<br />disposal of the surface above the Leased Premises shall be expressly subjex to the terms of this Lease.
<br />D. The right at all times during the life of this Lease to go upon said premises and every part thereof for
<br />the purpose of inspecting same, and the books of accounts and records of mineral workings therein,
<br />and of ascertaining whether or not said Lessee and those holding thereunder by and from it, are
<br />carrying out the terms, covenants and agreements in this Lease contained.
<br />E. The right at any time to grant aright-of--way upon, over or across all or any part of the Leased
<br />Premises for any ditch, reservov, railroad, communication system, electric powerline, pipeline,
<br />schoolhouse ar other ]awful purpose. Such grants shall be subordinate to the rights of Lessee,
<br />including the right to subside the surface of the premises, and shall provide that arty and all damages
<br />caused to any swxures or improvements placed upon the surface of the premises subsequent to the
<br />date hereof shall be repaired by and at the expense of the party to whom the easement or right-of--way
<br />was granted. If the grant of such rights shall unreasonably interfere with Lessee's rights hereunder,
<br />the implementation or effectiveness of the grant of such rights shall be delayed until such time as there
<br />is no interference with Lessee's rights.
<br />TO HAVE AND TO HOLD The above~escribed premises unto Lessee, its heirs, successors, assigns, or legal
<br />representatives for the term of 20 years, and until Twelve O'clock noon on the 28th day of Octaba , 2016 ,
<br />and, in accordance with Sexton 5 hereof ("the Primary Term") and as long thereafter as coal is being produced from
<br />the Leased Premises and the royalties and rentals provided for herein are being paid, or by any extension hereof
<br />("the Extended Term"), subject to the following terms, conditions and agreements, to-wit:
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