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R. Lance-Wade , Mine Manager - j <br />Western Fuels_Colorado, LLC <br />P O. Box 628 Q <br />Nuficla,.CO 81424=0628 <br />RE: Amendment to Coal Mining Lease Dated September 10, 1998 <br />We the undersigned hereby request that Section 8. Lessee's Additional Commitments: <br />tie amended to include the following: <br />(} Rit_of_FirstRefusal. Lessor shall have a right of first refusal to perform any <br />1 <br />Wor`k'rel"ated to farming of Lessor's property that is mined by Lessee (the <br />`.`Right of First Refusal").. The farming work subject to the Right of First <br />Refusal includes seed bed preparation, seeding,, fertilizing, irrigation and <br />fencing that Lessee elects to have performed by third party contractors., <br />(ii) Notice of Work to be Performed. Prior to performing any work subject to the <br />Right of First Refusal, Lessee shall give Lessor reasonable-notice of the work <br />to be performed (including the material specifications related to the work), and <br />the low bid price for similar work paid by Lessee under Farming and Irrigating <br />Contracts in effect at the time (the "Low Bid Price'). Lessor shall have the <br />option to either perform the specified work at the Low Bid Price or allow <br />Lessor to contract with third parties to have such work performed. <br />a: In 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. In the event Lessor elects not to perform the work, Lessor's Right of First of <br />Refusal with respect to the work which Lessor has elected not 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 rebid. <br />Harvesting o_ f Crops. For crops planted on Lessor's property that is mined by