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<br />., <br />.., <br />• v ) <br />ennx UltJP14f SJ9 <br />natural and/or artificial water courses and any other faci5ty; and <br />(dl to undertake any other thing or use necessary or convenient for exercising the <br />Rights otherwise specified in this paragraph 3, all with respect to tFie mining of the coal and <br />with respect to the mining of other coal on other lands situated in the same township in which <br />the Property is situated, ar any township contiguous to said township. <br />4. Rovalties. Lessee agrees to pay Lessor such royalties as are provided in the Coal <br />Lease. <br />5. Successors. Ap covenann, terms and conditions of the Coal Lease shell run <br />with the Land and shag be binding upon end inure to the benefit of the heirs, administrators, <br />executors, successors end assigns of the parties to this Memorandum. <br />8. EHect of Agreement. This Memorandum Agreement for Surface Coat MGung <br />Lease is subject to the temrs end provisions of the Coal Lease; and sha8 not be construed a9 <br />a change, modification, amendment w enlargement of said Coal Lease... . <br />7. Coal Lease. An original copy o} the Coat Lease is maintained at the offices of <br />Lessee and more information cortceming it may be requested by contacting Westem Fuels <br />Association, Inc., 405 Urban Street, Suite 305, Lakewood. Coorado 80228. <br />IN WITNESS WHEREOF, the parties have caused this Memorandum Agreement for <br />Surface Ntining Coal Lease to be duly executed es of the day and year first above mentioned. <br />WESTERN FUELS-COLORADO, A LIMITED LIABILITY COMPANY, <br />LESSEE <br />BY ---, <br />STATE OF _LrPN • ~ I <br />1 <br />COUNTY OF ~~e..v..-. f <br />The toregoing instrument was acknowled ed before me this jz~yy, day of ~ ~ , <br />1994, by I~w..rA Tkr+;.~...~.. as ~^c. of Western Fuels-Colorado, A Limped <br />Liability Company. <br />Whness my bend and official seal. <br />t./ ) <br />• <br />My Commission expires: ~-~ ~+ ~f. ~ At/ <br />Attachment 2.03.6-1-41 <br />