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• 4. No Implied Waiver. No assent, express or implied, by any party to this Agreement to any breach of any one or more of the agreements hereof shall be deemed or taken to be a waiver of any other breach. 5. Specific Performance. The agreements and promises made in this Agreement are supported by good and valuable consideration and affect unique interests in real estate. The parties agree that there is no adequate remedy at law for remedying any material breach of this Agreement. In the event of a material breach or failure by any party to comply with the obligations set forth in this Agreement, then each party agrees that specific performance of such obligations is the appropriate remedy. 6. Disclaimer of Warranty. Grantees have conducted their own investigation and inspection of the Right-of-Way and are familiar with the physical condition of the same and surrounding terrain, and are fully informed as to the existing conditions and limitations. Grantors make no representation as to the suitabilityof the Right-of-Way for use by Grantees and no such representation, orany other representations, are made by Grantors nor shall they be implied by operation of law or otherwise. Gates. (a.) Seneca Coal Company agrees, within a reasonable period of time following execution of this Agreement, to construct a good and substantial gate with lock at the south entrance of Right-of-Way, ensure the existing gate and lock ai the north entrance of Right-of-Way is in working condition, and furnish Grantees with the keys or combinations for said locks. Grantees agree to keep such gates closed and locked when not in use thereby allowing only Grantees, their employees, licensees, agents, contractors, subcontractors, invitees and other persons to access the Right-of-Way. (b.) Each Grantor reserves the right to place gates or cattle guards (in such Grantor's discretion) across the Right-of-Way ai the point where such Right-of-Way enters and/or leaves said Grantor's • Property. A Grantor who wishes to install a gate or cattle guard in accordance with the foregoing sentence shall consult with Seneca Coal Company concerning dimensions prior to installing said gates or cattle guards, and any gate so installed shall be of adequate size to allow coal trucks to pass through and not to interfere with Seneca Coal Company's operations or invalidate any previous agreements executed with Seneca Coal Company. The gates provided for in this subparagraph 7(b.) shall never be locked without the written consent of a majority of the Grantees, who have a right to pass over the Right-of-Way at the point where such gates(s) intersects the Right-of-Way and further, Seneca Coal Company shall be provided with the keys to any such lock(s). 8. Grantees' Use and Maintenance. Each Grantee agrees to: a) use the Right-of-Way in a reasonable and prudent manner so as to prevent damage to the Right-of-Way and its improvements; b) maintain and keep that Grantee's Property which is a part of the Right-of-Way and all improvements located thereon in good repair and in sightly condition at all times, ail at that Grantee's sole expense; c) keep that Grantee's Property which is part of the Right-of-Way free from all rubbish, waste, debris, and obstructions of any sort; and d) keep that Grantee's Property which is part of the Right-of-Way in accord with all applicable laws, rules, and regulations. At the time this Agreement is entered into, Seneca uses the Right-of-Way as a coal haul road. Notwithstanding the foregoing provisions of this Paragraph 8, for so long as Seneca Coal Company continues to use, the Right-of-Way all maintenance and repair of the Right-of-Way (except maintenance or repair caused by the misuse of the Right-of-Way by another Grantee) shall be pertormed by Seneca Coal Company at its expense. Upon termination of its use of the Right-of-Way as a coal haul road, Seneca shall give written notice to each of the Grantees, their successors or assigns. Seneca agrees to maintain the Right-of-Way, during the period that it is using the Right-of-Way as a coal haul road, in a condition, which is adequate for the passage of vehicular traNic, following which period each Grantee agrees to negotiate in good faith towards a plan of action acceptable to all parties for the proper care and maintenance of the Right-of-Way. L~ I II(III IIIIf II III II I I III VIII ! Ilfll III VIII IIII IIII 578 0469:13r Kay We inlantl Routt County, CO ERSEMENT R 131.00 D 0.00