|
• RIGHT OF ENTRY AGREEMENT
<br />THIS RIGHT OF ENTRY AGREEMENT ( " Agreement ") is entered into this 20' day of
<br />February, 2010, by and between Sage Creek Holdings, LLC, a Delaware limited liability company,
<br />with a business address of 701 Market Street, Saint Louis, Missouri 63101 ( " Owner ") and Sage
<br />Creek Coal Company, LLC, a Delaware limited liability company, with a business address of 701
<br />Market Street, Saint Louis, Missouri 63101 ( " Operator ").
<br />WITNESSETH
<br />WHEREAS, Owner owns or controls entry to private and Colorado surface lands and
<br />controls federal and state coal leases ( "Property ") situated within and surrounding the Operator's
<br />mine permit area, more particularly described in the attached Exhibit A entitled Permit Area —
<br />Legal Description, and which is incorporated by reference herein and made a part of this
<br />Agreement;
<br />WHEREAS, Owner and Operator are affiliated and are indirect wholly owned subsidiary
<br />companies under Peabody Investment Corp., a Delaware corporation; and
<br />WHEREAS, Operator has applied for permits for the purpose of mining coal, and by
<br />execution of this Agreement Owner is providing Operator the right to enter the Property described
<br />in the attached Exhibit A, for the purpose of coal mine operations as outlined below.
<br />NOW, THEREFORE, in consideration of $1.00 and full compliance with the covenants
<br />contained set forth below, Owner and Operator agree to as follows:
<br />t�J
<br />Owner hereby grants unto Operator, the right of entry to enter upon the Property
<br />for any and all uses, purposes, and operations, as relevant to the Operator's
<br />permit applications.
<br />2. No title or real property interest other than this right of entry is being transferred
<br />or conveyed by this Agreement.
<br />3. This Agreement is applicable only to that specific Property as described on the
<br />attached Exhibit A.
<br />4, This Agreement shall have an indefinite term until such time as the Property is
<br />conveyed, leased, transferred, assigned, or quit claim by the Owner.
<br />5. Operator shall fully indemnify, defend, and save harmless Owner, its officers,
<br />agents, consultants, and contractors from and against any and all liabilities,
<br />losses, damages, costs, claims, suits for damages, attorneys' fees, and any other
<br />expenses of any kind, whether directly or indirectly arising from Operator's
<br />operations, uses, and rights upon, in and under the Property.
<br />6. Operator shall pay any taxes due and payable that result from Operator's
<br />operations.
<br />7. Operator shall be responsible for any and all permitting applications and
<br />processes that are required and necessary, arising from or directly connected
<br />• with its operations on the Property.
<br />8. Operator shall have no rights to assign or transfer this Agreement.
<br />
|