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• ACKNOWLEDGEMENT OF <br />PURCHASE AND SALE AGREEMENT <br />THIS Acknowledgement of Purchase and Sale Agreement is made by Halliburton <br />Energy Services, Inc. and Snowcap Coal Company, Inc. as of the ~ day of <br />_~~~,~ 2008. <br />WHEREAS, Halliburton Energy Services, Inc., as Purchaser, and Snowcap Coal <br />Company, Inc., as Seller, entered into that certain Purchase and Sale Agreement <br />("Agreement") whereby Purchaser agreed to purchase and Seller agreed to sell, on and <br />subject to the terms and conditions set forth in the Agreement, that certain tract of real <br />property, along with the improvements and fixtures thereon, (collectively "Property"), <br />commonly referred to as the "Unit Train Loadout" and described on Exhibit "A" attached <br />hereto and incorporated herein for all purposes; and <br />WHEREAS, the Property, along with additional property that is not subject to the <br />Agreement, is part of a reclamation plan ("Reclamation Plan") that is filed with and <br />approved by the Colorado Division of Reclamation, Mining, and Safety ("DBMS");and <br />. WHEREAS, in order to facilitate the sale of the Property, the parties wish to amend the <br />Reclamation Plan; and <br />WHEREAS, in order to approve an amendment to the Reclamation Plan, the DBMS has <br />requested that the parties acknowledge their respective agreements to sell and purchase <br />the Property pursuant to the terms of the Agreement. <br />THEREFORE, Purchaser and Seller hereby acknowledge that they entered into the <br />Agreement for the sale and purchase of the Property on and subject to the terms stated <br />therein, and that the Agreement is in full force and effect as of the date hereof, subject to <br />the written amendments and extensions made by agreement of the parties. <br />PURCHASER: SELLER: <br />HALLIBURTON ENERGY SERVICES, INC. SNOWCAP COAL COMPANY, INC <br />By: ~ sy: <br />Name: ~ ~ W ~ mp, Name: Nelson L. Kidder <br />Title: ~~''~'~a Title: Vice President <br />Date: ~ - p 7 = ~QB~' Date: Feb. 6, 2008 <br />PR-4 A15-2-17 New 02/08 <br />