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n <br />u <br />COAL LEASE AGREEMENT <br />THIS COAL LEASE AGREEMENT ("Lease") is entered into and made effective <br />as of the 1st day of November, 1995 by and between MGP Enterprises, a Colorado <br />Limited Partnership ("MGP"), whose address is 10050 W. 29th Avenue, Denver, Colorado <br />80215, F. R. Hill, Jr., d/b/a F. E. Hill Company, whose address is P. O. Box 226, Fairfield. <br />Texas 75840 and B. F. Hill d/b/a Hill Ranch, whose address is Route 1, Box 238C, Glen Rose, <br />Texas 76043 (collectively, the "Hills") (the Hills and MGP are collectively referred to herein <br />as "Lessor" or "Lessors"), and A. P. Maxwell Development Company, LLC, an Indiana limited <br />liability company ("Maxwell"), whose address is 1311 Bentwood Drive, Evansville. Indiana, <br />4771 i . <br />RECITAL <br />• <br />NOW, THEREFORE, for and in consideration of the promises and agreements contained <br />herein, and other good and valuable consideration, the receipt of which is acknowledged. [he <br />parties agree as follows: <br />Gant of Leases <br />Lessor hereby leases and lets the Leased Lands unto Maxwell, for the purpose of exploring, <br />developing, mining, removing, preparing and loading all of the coal from the surface to a depth <br />of 5,000 feet above mean sea level lying in, under and upon the Leased Lands, during the <br />term of this Lease and subject to the limitations and conditions herein provided. Maxwell shall <br />have the following rights and privileges associated with the leasehold granted herein: <br />• <br />