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- -, aaaa474 vlrr I f22 <br />';~ <br />1. Paragraph G(e) of the Mining Lease is amended [0 <br />read as Follows: ~ <br />6(e) Commingling. H-G may, at its option, com- <br />mingle coal mined from the property with any other coal <br />which is mined from operations being conducted on <br />acreage contiguous to the property provided that the <br />tonnage of coal so commingled shall 6e fairly and ~ <br />accurately determined. Such determination shall be <br />made, at 11-G's option, either by weighing or by means <br />of a survey certified by a professional engineer, <br />registered and licensed to practice engineering in the <br />State of Colorado, and shall be made within twenty (ZO) <br />duys al Wr Che end of cacti calendar month duriny the <br />term of this lease. If (1-G elects to make such deter- <br />mine tion by survey, a copy of each such survey shall be <br />maintained at H-G's mine office on or near the property , <br />for at least three (3) years beyond the end of the <br />calendar month to which it relates, and shall be avail- <br />able for examination and copying by Lessors during <br />normal business hours. All coal mined and sold from <br />the property shall be weighed on certified belt scales <br />at fl-G's railroad loadout facilities. The term "ton" <br />as uszd in Section 3 means a ton of two thousand (2,000) <br />pounds of merchantable coal as shown by certified belt <br />scale recordings at H-G's railroad loadout facilities. <br />2. Except as so amended, the Mining Lease is hereby ~ <br />I <br />ratified and confirmed. <br />IN WITNESS WHERL•OF, this Second Amendment to Coal <br />Mining Lease has been executed by the parties hereto on the <br />day and year first above written. <br />_ -2- <br />