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-sv:~: Exhibit "A" MEMORAI\~UM OF SURFACE USE AGREEMENT THIS AGREEMENT entered into this day of 1996 ("Effective Date") by and between LOUIS M. WY11AN ("OWNER") with an addr s of PO Box 278, Craig, Colorado 81625 and COTTONWOOD LAND COMPANY, a Delaware corporation ("CLC"), with an office at 1475 Pine Grove Road, Suite 207, Steamboat Springs, Colorado 80487, its successors and assigns, whereby in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which OWNER hereby acknowledges, and in further consideration of the mutual covenants set forth below, OWNER hereby grants unto CLC the right to enter, conduct certain operations for the purpose of exploring for coal and other minerals, and conduct environmental monitoring and other activities associated with obtaining a coal mining permit, on, under and across the following described lands located in the County of Routt, State of Colorado ("Property': Townshjg_5 North. Range R9 West. 6th P.M.. Routt Courtly, Colorado Section 27: S/2SE/4 Section 34: NE/4, E/2SE/4 Section 35: SW/4SW/4 - Township 4 North. Rar,,ge R9 West Section 9: Lot 1 Section 10: That part of N/2SW/4 and SE/4 lying north of Hwy 317 Section I1: Lots 2, 3, 4. Containing 738.55 acres more or less. 1. This Surface Use Agreement shall be for a three (3) year term commencing from the effective date hereof . CLC paying to OWNER on or before the anniversary date. and thereafter on each anniversary date ofthis Agreement, an annual rental for such extension. 2. All of the rights, duties, benefits, terms and covenants contained in this Agreement will run with the land and shall accrue to and be binding upon the successors and assigns of the Parties for the tetra of this Agreement and any extension of such tetra. IN WITNESS WHEREOF, the Parties have executed this Agreement in duplicate as of the date ~st above written, by their own hand and deed. vNER:LOUIS M. WYMAN COTTONWOOD LAND COMPANY