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5. Grantor now desires to grant to Grantee anon-exclusive right to use <br />the THR in connection with Grantee's coal handling and transportation activities, and • <br />Grantee wishes to accept the same, subject. to the terms and conditions hereof. <br />NOW, THEREFORE, for good and valuable consideration, the receipt <br />and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as <br />follows: <br />1, Non-Exclusive Right. Subject to the terms and conditions of the <br />leases or easements ("Easements") under which Grantor derives its interests, in addition <br />to interests Grantor owns, and further subject to the terms and conditions hereof, Grantor <br />grants and conveys to Grantee anon-exclusive right to use the THR as currently <br />permitted by Routt County and CDMG shown on Exhibit A <br />2. Term. Grantor shall have the right to terminate this Agreement upon <br />fifteen {15) days' written notice to Grantee if Grantee has not used any of the THR for <br />any of the purposes provided for in Section 3 for eighteen (18) consecutive months unless <br />such non-use is caused by Grantor; otherwise, and unless earlier terminated under Section <br />9 of this Agreement, this Agreement shall terminate upon the earlier of (i) the termination <br />of Grantor's or its affliates', successors' or assigns' rights to the THR or any part <br />thereof, or (ii) or fifteen (15) yeazs, whichever occurs first, <br />3. Pumoses. The non-exclusive right granted herein is solely for the. <br />purpose of providing Grantee with access to the THR, and for the transportation of coal, <br />{C0907205.1) <br />3-4.44 <br />