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Notwithstanding any other provisions made in the Lease to the contrary, Lessee shall have
<br />the right at any time, upon the basis of at least thirty (30) days advance written notice to Lessor, to
<br />terminate the Lease effective on December 31 of any year, but Lessee shall pay to Lessor all
<br />amounts, if any, due under the terms of the Lease to the day previous to the effective date of
<br />termination.
<br />After expiration or termination of the Lease, Lessee shall have an additional ninety (90) days
<br />during which Lessee shall have the right to re -enter the Property and remove all of Lessee's
<br />property from the Property, and thereafter, as and when required by law, and until such time as
<br />Lessee is released by all appropriate regulatory agencies, Lessee shall have the right to perform
<br />reclamation and environmental work on and respecting the Property, provided however, that
<br />reclamation and environmental work shall be performed in a reasonable and timely manner after
<br />termination of the Lease.
<br />2. Royalti Lessee shall pay to Lessor royalties and other payments as
<br />stipulated in the Lease.
<br />3. Special Rights of Lessee In addition to whatever rights Lessee may have
<br />by implication of law hereunder, Lessor specifically grants to Lessee the following exclusive rights
<br />( "Rights "):
<br />(a) to drill, take core samples, survey, map and otherwise evaluate the
<br />Coal, and to perform environmental and cultural resource studies. Lessee will be liable for the
<br />destruction of growing crops and field improvements, provided, however, that once Lessee provides
<br />six (6) months notice to. cease irrigating and other farming operations, Lessee shall no longer be
<br />liable for crop or field improvement losses.
<br />(b) to mine, extract, remove, process, market or otherwise use the Coal,
<br />including mining by the strip, auger and /or any other methods now or hereafter in existence. Upon
<br />payment of royalties due, Lessor relinquishes any ownership right of coal under this lease. It is
<br />expressly agreed that Lessee has the right to damage the surface and any surface improvements
<br />during mining operations. However, Lessee agrees to reclaim the surface (and is required by law
<br />to do so) to standards that will be included in mining permits issued by the State of Colorado.
<br />(c) of free access to, in, from and across the Property and the Coal with
<br />any persons, tools, machinery, and appliances, and also the right to install, maintain, use and
<br />change buildings, tipples, railroad facilities, conveyors, roads, haulage ways of all kinds, pumping
<br />stations, pipelines, powerlines, ditches, storage facilities, substations, excavations, pits, openings,
<br />stockpiles, mine refuse disposal areas, drains, dams, ponds, natural and /or artificial water courses,
<br />and any other facility, and to undertake any other thing or use necessary or convenient for exercising
<br />the Rights otherwise specified in this Section 3, all with respect to the mining of the Coal and with
<br />2
<br />Attachment 2.03.6 -1 -25
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