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Fe quested By: sib 03l28i20081 <br />Inskrusent Book Pase <br />200800696948 OR 1075 1941 <br />added to the amount past due for a total past due amount. An additional penalty of one <br />percent (1 9 /o) shall be imposed on any amount of the total past due amount not received <br />within 60 days of the original payment due date. Such penalties will continue to be <br />imposed every 30 days until the total past due amount is fully paid. <br />�. ASSIGNMENT The rights of either party hereunder may be assigned in whole or in part <br />to an assignee that assumes in writing the obligations of the assigning party under this <br />Lease. Any such assignment by the Lessee shall require written approval of the Lessor, <br />not to be unreasonably withheld. In the event of assignment, the assigning party shall <br />furnish to the other party a copy of the recorded assignment. <br />10. RE- OPENING CONSTRUCTION AND USE OF AIRSHAFTS. The parties recognize <br />that, in connection with Lessee's underground coal mining operations, Lessee shall need <br />to re -open the two existing intake airshafts located in Apache Canyon and also will need <br />to construct one or more exhaust airshafts and possibly additional intake airshafts. <br />Lessee's construction of airshafts shall be subject to the following terms and provisions: <br />A. Lessee anticipates that only one exhaust airshaft will be needed overlying the <br />Leased Premises, and Lessor and Lessee agree that such exhaust airshaft will be <br />constructed at a location on Parcel 2 to be mutually agreed upon by Lessor and <br />Lessee in Bingham Canyon or in the canyon in which the South Fork of the <br />Purgatory River is located (' our t¢ ory River Canyon ") that lies below the point at <br />which the existing road in Bingham Canyon or Purgatory River Canyon is closed <br />to public access. In the event that a second exhaust airshaft is required in <br />connection with Lessee's underground coal mining operations, such airshaft shall <br />also be located at a site to be mutually agreed upon by Lessor and Lessee. <br />B. In constructing an exhaust airshaft, Lessee shall endeavor to minimize the <br />aesthetic impact of such airshaft (visual and noise) by (1) seeking to choose a site <br />that is in proximity to an existing road and is set back in a side canyon, (2) <br />attempting to minimize the footprint of the airshaft site, and (3) using the best <br />technology available at the time the airshaft is constructed in order to limit the <br />above - ground facilities associated with the airshaft as much as possible without <br />impairing the functionality of the airshaft. <br />C. It is anticipated that power for the exhaust airshaft shall be obtained by having the <br />utility company finnish a connection from the existing power line that is located <br />in Bingham Canyon. Lessee agrees that the power line to the site of the exhaust <br />airshaft shall be run underground from the point where it branches off from the <br />existing power line in Bingham Canyon. <br />D. Lessor and Lessee acknowledge that the existing intake airshafts in Apache <br />Canyon are located beyond the point at which the applicable road(s) are closed to <br />public access. Lessor agrees to furnish Lessee with keys for locks to any gates on <br />such roads in order to allow Lessee to have access for purposes of re- opening, <br />using, and maintaining the airshafts. Lessee agrees that, unless otherwise <br />instructed by Lessor, all gates shall be kept closed and locked by Lessee at all <br />Page 7of17. <br />