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4 <br /> <br />ASSIGNMENT <br />THIS ASSIGNMENT, made this 26th day of February, 1993 <br />from H-G Coal Company whose address is 5731 State Highway 13, <br />Meeker, Colorado 81641 to Hayden Gulch Terminal, Inc., whose <br />address is 1300 South Yale, Flagstaff, Arizona 86001. <br />WITNESSETH: <br />That for and in consideration of the sum of $1.00 and <br />other valuable consideration, the receipt of which is hereby <br />acknowledged, H-G Coal Company does hereby assign, transfer, grant <br />and convey unto Hayden Gulch Terminal, Inc., all its right, title <br />and interest in and to that certain unrecorded License Agreement <br />dated October 2, 1979 and attached as "Exhibit A". <br />Hayden Gulch Terminal, Inc., by acceptance of this <br />Assignment, covenants to that it will perform all covenants and <br />conditions which are to be performed in accordance with the License <br />Agreement and will indemnify and save harmless H-G Coal Company <br />from any and all liability arising out of the nonperformance <br />thereof. <br />IN WITNESS WHEREOF, H-G Coal Company and Hayden Gulch <br />Terminal, Inc. has executed this Assignment on the day and year <br />first above written. <br />H-G COAL COMPANY <br />BY: COALGRACE, INC., A <br />GENERAL PARTNER <br />By : ~ US s.~,` <br />R. D. Usilton, President <br />BY: COALGRACE II, INC., A <br />GENERAL PARTNER <br />By: ~ ~S ~.~. <br />R. D. Usilton, President <br />