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. • III IIIIIIIIIIIII Illl 999 ron~r tc)rsa-to-asor LICENSE AGREEMENT !n THIS LICENSE, executed this /~- day of July , 19 80 , by 1yE5TERIJ SLOPE GAS COJSPANY, a Colorado corporation, hereinafter called "Licensor' to the PE^.BODY COAL COt•SPANY, a ~e~a~~a corporation ,hereinafter called "Licensee"; WITNESSETH: WHEREAS, the Licensor owns certain rights of way and eazemenu for natural gas transmission pipelines over and across the following described lands: SE4 of Section 18 and the SW~ of Section 17, Township 6 North, Range 87 West, 6th P.M., Routt County, Colorado. WHEREAS, the Licensee desires to route one gravel pit access road located as shown on Exhibit A attached hereto and incorporated by reference herein ... hereinafter called the licensed facility over and across portions of said easements and desires to obtain permission therefor; IT IS, THEREFORE, agreed az follows: (1) In consideration of the payment of One llo(lar (51.00) and other valuable consideration, the receipt whereof is hereby acknowledged, Licensor hereby grants to Licensee, its successors and azsigns, with respect to such title and interest as Licensor may have in the premises, and upon the terms and conditions hereinafter stated, the permission and right to lay, maintain, operate, repau, inspect, remove and replace the licensed facility in, across and under certain easements owned by Licensor, said installation and construction to be located as shown on the sketch attached hereto and made a part hereof by reference. The description of the route of said licensed facility is az follows (See attached map): (2) Licensee shall remove, at lu own expense, the licensed facility from the premises or any part thereof or move the same to a different location on Licensoi s right of way, as requested by Licensor, if said licensed facility should interfere with the operation or maintenance of Iicensor's transmission pipelines and related facilities as now or hereafter constructed. The new location shall be famished by Licensor at no cost to Licensee. (3) The Licensor reserves the right to grant to others the use of the premises for any purposes, provided that same shall not interfere unreasonably with the licensed facility herein authorized. (4) Licensee shall not do or permit to be done any blazting above, underneath or near the transmission pipeline of Licensor without fast having received written permission of office of the Manager of Engineering of Licensor. Any said blasting shall be done in the presence of a representative of said office and in accord with directions he may give for the pro- tection or safety of Lieensor's facilities in the area. (5) Licensee agrees that it shall not begin construction upon and along the righu of way of the licensor except after having first provided the Licensor with plans and specifications and until said plans and specifications have been approved and until twenty-four hours notice of the commencement of construction shall have been given to the Licensor. It is further agreed and covenanted that said construction shall be made only when a representative of the Licensor is present at the time and place of construction and that the instructions of said representative relating to the safety of Licensor's pipeline will be followed by the Licensee, its agents and employees. It is further agreed that any damage done to Licensors facilities during the above construction shall be paid for or repaired at the expense of the Licensee. (6) Licensee further agrees that any future work involving the construction, maintenance, reconstruction or re- location of its licensed facility on the premises shall be done under the terms of Paragraph 5 above. (7) It is understood and agreed that Licensee haz been fully advised by Licensor that the natural gas transmission line(s) of licensor now transport and will continue to transport natural gas at pressures exceeding 400 psi. Licensee shall advise all of its employees, agents, contractors and other persons who enter upon the premises pursuant to the provisions of this License oC the dangers involved.