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October 3, 1983 <br />Mr. Bennett K. Hatfield <br />Page 2 <br />that year. Peabody shall have complete management <br />authority over the Monitoring Program, including the sole <br />right to select any consultants to be used in the Monitoring <br />Program, but shall conduct the Monitoring. Program in <br />accordance with the criteria of the Colorado Mined Land <br />Reclamation Division. Sun shall be responsible for 14 of all <br />costs and expenses of any Monitoring Program on the Refer- <br />ence Area in which it elects to participate, and shall be <br />entitled to all dots rnllected from the Reference Area in <br />the Monitoring Programs in which it participates. <br />4. Peabody shall have no obligation to actually conduct a <br />Monitoring Program every three years, or at any time, but in <br />the event Peabody elects not to conduct a Monitoring Pro- <br />gram during any one of the three year intervals mentioned <br />above, Peabody shall grant Sun permission to rnnduct o <br />Monitoring Program, at Sun's expense, subject to reasonable <br />conditions Peabody may impose for the purpose of pre- <br />venting damage to the Reference Area. <br />5. Peabody does not represent or warrant in any way, and <br />hereby disclaims any such representations and warranties, <br />• that The Reference Area or any data collected hereunder is <br />or will be suitable for Sun's purposes. Peabody shall not be <br />liable in any way to Svn for any loss, damage or inconve- <br />nience Sun may suffer as a result of any loss of, damage to, <br />or destruction of the Reference Area or any monitoring <br />data, whether or not such loss, damage or inconvenience is <br />the result of Peabody's negligence, mismanagement or other <br />misconduct. <br />6. Sun may not assign its rights hereunder without the prior <br />written consent of Peabody, but such consent shall not be <br />unreasonably withheld. <br />If the foregoing accurately reflects our understanding, please indicate <br />the same by signing in the space provided below and returning one of the <br />duplicate originals of this letter to Peabody to the attention of Jim Lunan. <br />Yours very uly, <br />;// r L <br />J. F. Lake v <br />1 - JFL/sj <br />+, <br />Accepted this ~ ~~day of IVUv<.w.bcrr' 1983. <br />By SUN COAL COMP ~, <br />By: ~n;,~ <br />Title: \~icE ~cCS; ~ c,..~ - 349 - <br />i!:::J <br />~~z.~ ... ~/1L- <br />e : Sze:.; : .....---.......- <br /> <br />(Rev. 5/86) <br />