2001-12-11_PERMIT FILE - C1994082A

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encumbrance and the expense thereof shall be deducted from any current or future amounts payable to Grantor under this Agreement. • Section 11. Release. Upon termination of this Agreement, Grantee shall provide to Grantor, in a form suitable for recording, a release of its rights and interests hereunder. Section 12. Cooperation and Removal of Road. Grantor agrees to provide to and for Grantee such consents and waivew which Grantor is capable of providing, and to refrain from entering or to withdraw such objections or protests, as Grantee may reasonably request with respcct to any permit or other governmental approval oc action relating to Grantee's use of the Easement and the conduct of mine operations within the Mine Area. Grantee agrees to take reasonable efforts to obtain the permission of the appropriate regulatory authorities to leave and not reclaim and remove the road which may be wnstructed by Grantee oa the Property, and Grantor agrees to provide to those regulatory authorities such requests and consents as Grantee may reasonably request in order to obtain such approval, including but not limited to an undertaking by Grantor to assume all responsibility and liability for such road after the Termination Date. Grantor acknowledges that if Grantee is unable to obtain such regulatory approval to leave the road, such mad will be removed and the Property reclaimed in accordance with applicable laws. Section 13. Notice. Aay nonce, election or other communication required or permitted by this Agreement shall become effective upon receipt and shall be deemed to have been properly given and delivered when made is writing and delivered personally to the party to whom directed, or when seat by United States certified mail with all necessary postage and • chazges fully pre-paid, rettrra receipt requested or overnight courier service with all charges paid and addressed to the party to whom directed at its below specified address: To Grantor: Maneotis Sheep Company P.O. Box 853 Oak Creek, Colorado 80467 Attn. President To Grantee: Peabody Coal Company 1300 South Yale Flagstaff, Arizona 86001 Atm. Isnd Department or to such other address as a parry may from time to time designate to the other. Section 14. Assigmnent, Covenant Running with land. Grantee may assign or otherwise transfer it rights hereunder, in whole or in part, to any person or persons who own, lease or otherwise hold mineral or mining rights in all or any part of the Mine Area. The terms, conditions and obligations of this Agreement shall be a appurtenant to and run with title to the Property and with title to the lands within the Mine Area, respectfully, and shall be binding upon • - 4 ,.