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mailing thereof by first-class, postage prepaid, mail if mailed, at the respective <br />addresses set forth below (or at such other address as may be designated in a <br />written notice and given in accordance with this paragraph): <br />if to Surface Owner: <br />Camilletti and Sons, Inc. <br />P. O. Box 69 <br />Milner, Colorado 80487 <br />if to Twentymile: <br />Twentymile Coal Company <br />29515 Routt County Road #27 <br />Oak Creek, Colorado 80467 <br />Attn: Frank H. Camilletti <br />President <br />Attn: Richard Mills <br />Environmental Manager <br />With a copy to: <br />RAG American Coal Holding, Inc. <br />94 Inverness Terrace East, Suite 120 <br />Englewood, Colorado 80112-5300 <br />Attn: Land Administration Department <br />23. Further Assurances. Surface Owner, at the request of Twentymile, shall execute <br />and deliver to Twentymile any available instruments, agreements, documents, <br />permits or applications, or any other papers reasonably required by Twentymile, and <br />Surface Owner shall do such other acts as may be reasonably requested by <br />Twentymile, all to effect the purposes of this Agreement. Conversely, Twentymile, <br />at the request of Surface Owner, shall execute and deliver to Surface Owner any <br />available instruments, agreements, documents, permits or applications, or any other <br />papers reasonably required by Surface Owner, and Twentymile shall do such, other <br />acts as may be reasonably requested by Surface Owner, all to effect the purposes <br />of this Agreement. <br />24. Counterpart Agreements. This Agreement may be executed in any number of <br />counterparts and shall be binding upon all owners of interest in the Lands executing <br />the same or a counterpart hereof, whether or not named herein as one of the <br />parties, and whether or not the owners of interests in the Lands have executed <br />other counterparts or have not entered into this Agreement. <br />25. Entire Agreement. This instrument constitutes the full and complete agreement <br />between the parties regarding the subject matter hereof and all parties executing <br />this instrument have received a copy of same. The terms and conditions of this <br />Agreement merge with and supersede any prior or contemporaneous, oral or <br />written, statements or agreements. <br />26. Severance. Should any portion of this Agreement be declared invalid and <br />unenforceable, then such portion shall be deemed to be severed from this <br />Agreement and shall not affect the remainder thereof. <br />cosubsid.doc/Itg - 9 - <br />