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(e) Any definition of or reference to any agreement, instrument <br />or other document herein shall be construed as referring to such agreement, instrument or <br />other document as, from time to time, amended, supplemented, restated or otherwise <br />modified (subject to any restrictions on such amendments, supplements or modifcations <br />set forth herein). <br />(f) The headings used in this Agreement are for convenience of <br />reference only and are not to affect the construction of or to be taken into consideration in <br />interpreting this Agreement. <br />(g) The parties hereto have participated jointly in the negotiation <br />and drafting of this Agreement. If any ambiguity or question of intent or interpretation <br />arises, no presumption or burden of proof shall arise favoring or disfavoring any party by <br />virtue of the authorship of any of the provisions of this Agreement. <br />IN WITNESS WHEREOF, the parties hereto have caused this Agreement <br />to be executed by officers who are duly authorized. <br />SENECA COAL COMPANY <br />By: <br />Its: <br />HAYDEN GULCH TERMINAL, INC. <br />By: <br />ITS: <br />{C0907205.1 } <br /> <br />3-4.62 <br />