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k_ <br />above the underground workings, NKC agrees to repair the Ditch <br />so that it is returned to its former condition prior to such <br />damage occurring. NKC will bear the full expense of such <br />repairs and will have the right to determine the means by which <br />they are to be accomplished. The schedule for such repairs <br />~~~. <br />shall be .proposed by NKC and approved by Huntington prior to <br />commencement. <br />4. If either NKC or Huntington becomes aware that such <br />damage to the Ditch has occurred, such party agrees to promptly <br />notify the other so that the procedures set forth above may <br />commence. <br />NATIONAL KING COAL, INC. <br />Date s N. Ha e <br />LAWRENCE HUNTINGTON <br />Date <br /> <br />~• <br />`\ -2- <br />November 1993 <br />