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<br />BY THIS LEASE, LESSOR 1tJTENDS TO LEASE TO LESSEE ALL OF LESSOR'S RIGHT,
<br />TITLE AND iNTEAEST IN THE COAL IN, ON OR UNDER THE Benson East Praperry, UPON THE
<br />TERMS AND CONDITfONS STATED HEREIN.
<br />3. Ian. This Lease shall 6e in eNed fw ten (10) years commenting on the Lease Date
<br />stated above and for so tong thereafter as: (1) coal is produced in commerdal quanUtles from the
<br />leased lands w any part thereof, w arty contiguous w nearby lands as a part of a oontlnuoue w
<br />htegreted mining operation w minng pWn, (2) the Benson Fast Properly Is being reclaimed pw the
<br />requirements at the mining permit coveting the Benson East Property issued by the Colorado
<br />Division of Minerals and Geology, Otdce of faBned Land Redamatbn and (3) all reclamation bonds
<br />issued orr the Benson Earl Property are tufty released.
<br />tJotwidtstanding arty olfier provisions made h ttds Lease ro the conlraryrLessee shalt have
<br />the dgM at arty time. upon the basis of at least tarty (3~ days advance wdden notice ro Lesaw, ro
<br />terminate tills Lease ettecUve IXr December 31 Of any year, but lessee must pay to Lesw 811
<br />amounts, It any, due under Ute terms of this Lease to the day previous ro the ettecUve date of
<br />termination.
<br />After expiration w termination of this tease, Lessee shall have en additional ninety (90) days
<br />during which Lessee shall have the right ro re-enter the Benson East Nroperty end remove all of
<br />Lessee's property bom the Benson East Properly, and thereafter, es and when required bylaw, and
<br />until such time as lessee >s released b11 ep appropriate ~regulatery agendas, lessee scrap trove the
<br />dgM to paAorm raclamalbn end emrirorunental work on end respecting the Ranson Fast Properly.
<br />provided Ftowevw, that redamaNon and envtrorunenta{ work strati be partortned h a reasonable and
<br />drtrety rttatmer after termfnadon of the Lease.
<br />4. S(~aCLt Rtghtn nt t_as~. In add8on ro whatever tights Lessee may have by
<br />lmppcaUon of law hereunder, Lessor apecifbaly grants to Lessee rite fopowing exclusive rights
<br />('Rights'):
<br />(a) ro drip, take core samples, survey, map and otterwise evawate rile Coal, and
<br />ro perform envlrwlmenW and cdtural resource swdies. Lessee wfp be paWe for the destnrWOn of
<br />growing crops end field ImprovemeMS, pravidecl, Iawevw, that once Lessee provides six (8) months
<br />rtotlce to cease kdgatlng and other farming operefkrns, Lessee ahap no brigw be Gable for crop w
<br />delft fmpmvemeM bases.
<br />(b) ro mine. extract, remove. process, market w athervrlsa use the Coel, Indudhg
<br />minhg try the strip auger and)w any other medwds now w hereafter in ex(sterxs. Upon payment
<br />of royalties due, Lessw rethquishas airy ownership tight of coal under this lease. It is expressly
<br />agreed drat Lessee has the dgM to damage the surface and arty surfers Improvements during
<br />minng operetiona. However, t.easee agrees b reclaim the satiate (anrf is required by few to do so)
<br />ro standards That will be included in mining petmps issued by the State of Colorado.
<br />(c) of free eocesa ro, h, from and across die Benson Fast Property and die Cod
<br />with arty persona. loots, machinery. and eppUancea, and also die dgM ro Instep. maintain, use and
<br />change buildings, tipples, raiboad facUidea, conveyors, roads, haulage ways of ail kinds, pumping
<br />stations, pipelines, powerpnes, ditches, storage tadfitles, substations. excavations, pits, openings,
<br />erockpilea, Mna refuse disposal areas, drains, dams, ponds, nahuai and/or artificial water courses,
<br />and any other taality, and to undertake arty other thing w use necessary w convenient for exerdsirg
<br />Ute Rights otherwise speti8ed h tide Sactbrt 3. all with reaped ro the mining o} die Coal and with
<br />respect ro rho mining of other opal on odwr lands situated h Ute same township(s) in which the
<br />Attachment 2.03.6-1-23
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