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_, <br />,; <br />Frank E: and 1Vlary Lou 1Vlargan <br />P. O. Box 4 - _ _.- ,- <br />Nuc1a, C0 8 T`424 <br />(970)864-7473 <br />April 8 2fl03 <br />=R. Lance Wade,lViine Manager . <br />Western Fuels=Colorado; LLC <br />P.O: Box 628 '~ ~ ' <br />Nttcla, C0 8-1424=0628 ~ ' ~_ <br />.., ,;- _ <br />__.: _ r , <br />:- <br />RE: Amendrrient to Coal Mining Lease Dated September 10, 1998 <br />,. <br />We the undersigned. hereby request that Section 8. Lessee's Additional Commitments. <br />tie amended to include the. following: <br />~'~ ~~ t t of first refusal to erform any <br />wi~rk related to farmin of Lessor's property that is mined b Lessee e <br />_: "~ ' t ofFirst Refusal")., The farthing work subject to the Right of First <br />FtefiTsal includes seed be eedin fe zing, ' 'on~a d <br />ertcin$ that Lessee elects to have performed by third party con ac ors., <br />- -:, <br />(n) Notice~of Work to be Performed. Prior to erfarmin any work suti'ect to the <br />R.iglit of First Refusal, Lessee shall ive Lessor reasonable-notice of the wor <br />to be perfarmed (including the material ecifications related to the work); and <br />the low. `i p. rice or semi ar work paid by LeSCeP r~rirlPr Farming and Irrieating <br />Contracts in effect at the tune (the "Low Bid Price") Lessor shall have the . <br />- o tion t Low BYd Price or al aw <br />Lessor to contract with-third tiarties to have such work performed <br />- -~~ <br />a It the event Lessor elects to perform the work, .Lessor shall perform the work <br />in-accordance with Lessee's specifications and Lessor shall be compensated <br />by Lessee at the Low Bid Price. <br />b: Iii the event Lessor elects not to perform the wrirk, Lessor's RigYt of First of <br />Refusal with respect to the work which Lessor has elected riot to perform shall` <br />terminate. Lessee shall be entitled to contract with third parties with respect to <br />'such work and Lessee shall not be required to re-offer such work to Lessor at <br />.,.:the time Lessee enters into a contract with a third party until that contract <br />expires and is rebit~: <br />•. <br />(ti) -Haryestin of Crows. For crops planted on Lessor's property that is mined by <br />`._:~_ <br />