Laserfiche WebLink
lands (the "Mine Lands") as further shown on Exhibit "B" attached hereto and <br />made a part hereof, and any and all structures which may be located thereon, <br />during the term of this Agreement. <br />b. The consideration payable to Surface Owner in paragraph 3(a) above shall be <br />deferred and deducted in three (3) equal annual amounts as an offset to the <br />annual payments due Twentymile in accordance with that certain Grazing <br />Lease Agreement of even date herewith between Twentymile, Lessor, and <br />Surface Owner, Lessee. <br />4. Allowed Uses/Restrictions. <br />a. Twentymile, its employees, agents, licensees, invitees, contractors, <br />subcontractors, successors and assigns have the right and privilege to enter <br />upon, through, under, over and across the Lands for the purpose of: (i) <br />subsiding the surface of the Mine Lands, and any and all structures <br />located in, on or under the surface of the Mine Lands; (ii) the making of <br />repairs to the surface ofsaid Lands and any and all structures located in, <br />on or under the surface of the Mine Lands, as may be needed or required <br />and which is/are a direct result of subsidence due to the underground <br />mining operations of Twentymile; (iii) prohibiting the construction or <br />placement of dwellings and occupancy thereof, wells and septic system <br />within the boundary of the Lands from the effective date of this <br />Agreement and for a period of one (7) year after the cessation of longwall <br />equipment operation underneath the Lands; (iv) surveying; (v) <br />conducting environmental studies as Twentymile may desire, including, <br />but not limited to, vegetation and soil sampling and mapping, hydrologic <br />investigations, cultural resources survey and mitigation (if necessary), <br />engineering studies and geologic investigations, including, but not <br />limited to exploration drilling, seismic ,work and construction of <br />subsidence monuments; and (vi) general reclamation of disturbed areas; <br />b. Surface Owner agrees that it shall not grant or allow any oil and/or gas <br />exploration and related drilling activities upon the surface of the Lands without <br />the prior written consent of Twentymile, which consent shall not be <br />unreasonably withheld. Any such agreements entered into by Surface Owner <br />shall, to the extent possible, be made subject to this Agreement and <br />Twentymile's rights hereunder; <br />c. Twentymile, its employees, agents, licensees, invitees, contractors, <br />subcontractors, successors and assigns shall have the continuous right and <br />privilege to undermine the surface of the Mine Lands, including the right to <br />enter upon the Lands to repair any significant subsidence damage that may <br />occur to the surface of the Mine Lands and any improvements located thereon. <br />Twentymile shall have the right to use so much of the surface and subsurface <br />of the Lands as may be found necessary, useful or convenient in carrying out <br />the purposes of its operations in accordance with the methods adopted by <br />cosubsid.doc/ltg - 3 - <br />