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PERMFILE139063
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PERMFILE139063
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Entry Properties
Last modified
8/24/2016 10:39:50 PM
Creation date
11/26/2007 8:18:06 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
X200722900
IBM Index Class Name
Permit File
Doc Date
6/11/2007
Doc Name
NOI Application
From
Colorado Coal Resources
To
DRMS
Media Type
D
Archive
No
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EXPLORATION AND PROSPECT DRILLING AGREEMENT <br />Made as of this ~,%~ day of May, 2007 ("Effective Date") <br />This EXPLORATION AND PROSPECT DRILLING AGREEMENT ("Agreement"), is <br />made by and between the Donald D. Zulian Revocable Trust and the Beverly J. Zulian <br />Revocable Trust, with an address of P.O. Box 577, Craig, CO 81626-0577 ("LICENSOR") and <br />COLORADO COAL RESOURCES, LLC with an address of 701 Market Street, Ste. 832, St. <br />Louis, MO 63101 ("LICENSEE). In consideration of the sum of $10.00, the receipt of which <br />LICENSOR hereby acknowledges, and in further consideration of the mutual covenants set <br />forth below, LICENSOR and LICENSEE agree as follows: <br />Exploration Rights. LICENSOR grants LICENSEE or its agents or subcontractors, for <br />the term of this Agreement, the nonexclusive right to enter the lands depicted or <br />described on Exhibit A attached hereto and incorporated herein by reference (the <br />"Property"), from time to time, to prospect for, drill, take core samples, survey, and <br />otherwise evaluate coal and other minerals and strata underlying the surface of the <br />Property. LICENSEE shall also have the nonexclusive right to perform all studies <br />necessary or convenient to obtain governmental approvals and permits necessary for <br />coal exploration and related operations. <br />2. Indemnity and Insurance. LICENSEE shall fully indemnify, defend and save LICENSOR <br />free and harmless against any and all claims, damages, loss and expense, including <br />attorney's fees and other legal expenses, by reason of liability imposed or claimed to be <br />imposed by law upon the LICENSOR for damage because of bodily injuries (including <br />death at any time resulting therefrom) or on account of damage to property sustained by <br />any person or persons arising out of or in consequence of LICENSEE'S use of the <br />Property described in this Agreement whether or not such bodily injuries, death or <br />damage to property arise or are claimed to have arisen in whole or in part out of the <br />negligence or any other grounds of legal liability, but excluding, however, any liability <br />caused by the sole negligence or willful misconduct of the employees or agents of <br />LICENSOR. Without limiting the foregoing, LICENSEE shall maintain in force the <br />following insurance; <br />(a) If LICENSEE has any employees (whether full or part time), Workers' <br />Compensation Coverage, Traumatic Injury (including death) and Occupational <br />Disease Disability insurance in accordance with the laws of the state in which the <br />Property is located for all employees located on the Property; and <br />(b) Comprehensive General Liability and Property Damage insurance (including <br />contractual coverage) with bodily injury limits of $2,000,000.00 per person and <br />$2,000,000.00 aggregate and property damage with a limit of $1,000,000.00 <br />aggregate; and <br />(c) Accident insurance covering each participant in an amount of $1,000,000.00 per <br />person and aggregate. <br />All insurance policies must contain an unqualified provision that the insurance carrier will <br />give LICENSOR ten (10) days' prior written notice of any cancellation, change or lapse <br />of such policy. Prior to utilizing the property herein and upon LICESOR'S request, <br />
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