2010-01-06_REVISION - C1981008 (2)

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f a Frank R. and I' aryt6ix Morgan P. 0. Box 4 Nucla, CO 81424 - (970)864-7 471 April 8, 2003 R. Lance Wade, Mine Manager Western Fuels-Colorado, LLC P.O. Box 628 N, tfcla,.CO 81424--4623 RE: Amendment to Coal Mining Lease Bated September 10, 1998 We the undersigned hereby request that Section 8. Lessee's Additional Commitments. be amended to include the following: : (i) Ri - f;First Refusal. Lessor shall have a right of first refusal to perform any work: related to farming of Lessor's property that is mined by Lessee (the "Right of First Refusal"). The farthing work. subject to the Right of First Refusal includes seedbed preparation, seeding, fertilizing, irrigation and fencing that Lessee elects to have performed by third party contractors. (ii) Notice cif Work to be Performed. Prior to performing any work subject to tine Right of First Refusal, Lessee shall give Lessor reasonable notice of the work to be performed (including the material specifications related to the work) and the low bid price for similar work paid by Lessee under Farming and .Irrigating. Contracts in effect at the time (the "Low Bid Price'). Lessor shall have the option to either perform the specified work at the Low Bid Price or allow Lessor to contract with third parties to have such work performed. a. Ln the event Lessor elects to perform the work, Lessor shall perform the work in accordance with Lessee's specifications and Lessor shall be compensated by Lessee at the Low Bid Price. b. In the event Lessor elects not to perform the work, Lessor's Right of First of Refusal with respect to the work which Lessor has elected not to perform shall terminate. Lessee shall be entitled to contract with third parties with respect to such work and Lessee shall not be rewired to re-offer such work to Lessor at the time Lessee enters into a contract with a third party until that contract expires and is rebid. , (%ii) Harvest gg 9 Crows. For crops planted on Lessor's property that is ruined by