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C.C. Water Stock actually used beginning in the year Lessee starts using Lessor's water shares. <br />Lessor will continue to use remainder of his ditch water on other parts of Lessor's farm. Lessor <br />warrants that it owns such water rights and may allow Lessee to use such water, however, Lessee <br />shall in no event acquire ownership of any water rights of Lessor. Lessor may use the surface of the <br />Property for farming or any other use until Lessee elects to exercise its Rights stated above. If <br />Lessee, in fulfillment of its legal obligations to reclaim mine lands, undertakes farming activity on any <br />portion of the Property, the Lessee will cause the Property to be planted as necessary, and may <br />contract with Lessor, if economically feasible, to farm the Property to the Lessee's specifications. <br />Lessee agrees to cooperate with Lessor on choice of reclamation crops. However, it is expressly <br />understood that final crop selection for reclamation must be approved by the Colorado Division of <br />Minerals and Geology. No provision of this Lease shall be construed to deprive Lessee of the <br />exclusive right to determine the uses to which the Property is to be put after mining, or the crops, if <br />any, to be raised, or the methods to be employed and the costs to be incurred as part of such after- <br />mining uses. <br />(f) Before Lessee commences to exercise the Rights specified in 3(b) above, <br />Lessor may remove from the Property at Lessor's expense any buildings, structures or other personal <br />property of Lessor which will, in Lessee's opinion, interfere with Lessee's exercise of said Rights, but <br />failure of Lessor to remove same after having had at least ninety (90) days to do so, then Lessee may <br />at its expense, but without any liability to Lessor remove or destroy same. <br />4. Title. <br />(a) Lessor represents and warrants to Lessee that Lessor has title (sufficient in <br />extent and legal quality) to the Property and Coal to grant to Lessee the leasehold estate and the <br />Rights specified in this Lease. Lessor can and does warrant quiet possession thereof, subject only <br />to those (if any) rights of way, easements, leases, encumbrances, reservations and exceptions of <br />record and the easement for a powerline used to supply two residences located on the adjacent <br />property. <br />(b) Lessor shall, at its expense, provide to Lessee a title insurance commitment, <br />brought down to current date, showing title to the Property and Coal in Lessor's name sufficient in <br />5 -;?f 971,