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3. Special Rights of Lessee. In consideration of payment of royalties, when and as due
<br />hereunder, in addition to whatever rights Lessee may have by implication of law hereunder, Lessor
<br />specifically grants to Lessee the following exclusive rights ("Rights"):
<br />(a) to drill, take core samples, survey, map and otherwise evaluate the Coal, and
<br />to perform environmental and cultural resource studies, all without liability, except for the destruction
<br />of growing crops and field improvements, and, except for the removal of all debris and cleanup of the
<br />Property that was necessitated by activities referred to above.
<br />(b) to mine, extract, remove, process, own, market or otherwise use the Coal,
<br />including mining by the strip and/or any other methods now or hereafter in existence, without any
<br />liability to Lessor for any current or future damages (including damage or loss to other minerals or
<br />strata) to Lessor's estate;
<br />(c) of free access to, in, from and across the Property and the Coal with any
<br />persons, tools, machinery, and appliances, and also the right to install, maintain, use and change
<br />buildings, tipples, railroad facilities, conveyors, roads, haulage ways of all kinds, pumping stations,
<br />pipelines, powerlines, ditches, storage facilities, substations, excavations, pits, openings, stockpiles,
<br />mine refuse disposal areas, drains, dams, ponds, natural and/or artificial water courses, and any
<br />other facility, and to undertake any other thing or use necessary or convenient for exercising the
<br />Rights otherwise specified in this Section 3, all with respect to the mining of the Coal and with respect
<br />to the mining of other coal on other lands situated in the same township(s) in which the Property is
<br />situated, or any township contiguous to said township(s);
<br />(d) to use and to remove sand, gravel and scoria on the Property, but not to sell
<br />such off the mine property; and
<br />(e) to use water rights appurtenant to the Property (e.g. springs, wells, private
<br />ditches, etc.) as is necessary and convenient for Lessee. Lessee agrees to use only the quantity of
<br />Lessor's water needed to reclaim Lessor's property, not to exceed 50 shares of Lessor's ownership
<br />of the Colorado Cooperative Ditch Company. For the use of water and other considerations, Lessee
<br />.,.
<br />shall pay Lessor the annual water assessment and $100 per share per year for up to 50 shares of
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