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BOOR eJ~i PAGE 493
<br />3. Term. This Lease shall be in effect torten (10) years commencing an the Lease Date
<br />• ~ stated above and for so long thereafter as: (1) coal is produced in commercial quantities from the
<br />leased lands or any part thereof, or any contiguous or nearby lands as a part of a continuous or
<br />integrated mining operation or mining plan, (2) the Benson West Property is being reclaimed per the
<br />requirements of the mining permit covering the Benson West Property issued by the Colorado
<br />Division of Minerals and Geology, Office of Mined Land Reclamation and (3) all reclamation bonds
<br />issued on the Benson West Property are fully released.
<br />Notwithstanding any other provisions made in this Lease to the contrary, Lessee shall have
<br />the right at any time, upon the basis of at least thirty (30) days advance written notice to Lessor, to
<br />terminate this Lease effective on December 31 of any year, but Lessee must pay to Lessor all
<br />amounts, if any, due under the terms of this Lease to the day previous to the effective date of
<br />termination.
<br />After expiration or termination of this Lease, Lessee shall have an additional ninety (90) days
<br />during which Lessee shall have the right to re-enter the Benson West Property and remove all of
<br />Lessee's property from the Benson West Property, and thereafter, as and when required by law, and
<br />until such -time as Lessee is released by all appropriate regulatory agencies, Lessee shall have the
<br />right to perform reclamation and environmental work on and respecting the Benson West Property,
<br />provided however, that reclamation and environmental work shall be performed in a reasonable and
<br />timely manner after termination of the Lease.
<br />4. Special Rights of pcc .e. In addition to whatever rights Lessee may have by
<br />implication of law hereunder, Lessor specifically grants to Lessee the following exclusive rights
<br />('Rights'):
<br />(a) to drill, take core samples, survey, map and otherwise evaluate the Coal, and
<br />~ to perform environmental and cultural resource studies. Lessee will be liable for the destruction of
<br />growing craps and field improvements, provided, however, that once Lessee provides six (6) months
<br />notice to cease irrigating and other farming operations, Lessea shall no longer be liable for crop or
<br />field improvement losses.
<br />(b) to mine, extract, remove, process, market or otherwise use the Coat, including
<br />mining by the strip, auger and/or any other methods now or hereafter in existence. Upon payment
<br />of royalties due, Lessor relinquishes any ownership right of coal under this lease. It is expressly
<br />agreed that Lessee has The right to damage the surface and any surface improvements during
<br />mining operations, However, Lessee agrees to reclaim the surface (and is required by law to do so)
<br />to standards that will be included in mining permits issued by the State of Colorado.
<br />(c) of tree access to, in, from and across the Benson West Properly and the Coal
<br />with any persons, tools, machinery, and appliances, and else the right to install, maintain, use and
<br />change buildings, tipples, railroad facilities, conveyors, roads, haulage ways of all kinds, pumping
<br />stations, pipelines, powerlines, ditches, storage facilities, substations, excavations, pits, openings,
<br />stockpiles, mine refuse disposal areas, drains, dams, ponds, natural and/or artificial water courses,
<br />and any other facility, and to undertake any other thing or use necessary or convenient for exercising
<br />the Rights otherwise specified in this Section 3, all with respect to the mining of the Coal and with
<br />respect to the mining of other coal on other lands situated in the same township(s) in which the
<br />Benson West Property is situated, or any township contiguous to said township(s);
<br />(d) to use and to remove sand, gravel and scoria on the Benson West Property;
<br />. ~ and
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