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ROAD USE AGREEMENT <br />• (SENECA) <br />THIS ROAD USE AGREEMENT (this "Agreement") dated April _, <br />2005 by and between SENECA COAL COMPANY, a Delaware corporation ("Grantor"), <br />HAYDEN GULCH TERMINAL, INC., a Delaware corporation ("Grantee"). <br />RECITALS: <br />1. Grantor owns or controls the right-of--way of the Tie-across Haul <br />Road ("THR") in Routt County, Colorado located in portions of Sections 23 and 24, <br />Township 6 North, Range 88 West and Sections 17, 18 and 19, Township 6 North, Range <br />• 87 West and more particularly described on Exhibit "A" to this Agreement. <br />2. The THR is operated under Special Use Permit issued to Grantor by <br />the County of Routt by its Planning Department and Colorado Coal Mining Permit (C- <br />82-057 issued to Grantor by the Colorado Division of Minerals and Geology (CDMG) for <br />use by Grantor in connection with its coal handling and transportation activities at it's <br />Seneca Mine. <br />3. Grantee, as part of its coal handling and transportation business, <br />desires to use the THR on a limited basis in connection with haulage of coal. <br />{covo~zos.~} <br />i <br />3-4.43 <br />