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respect to the mining of other coal on other lands situated in the same township(s) in which the <br />Property is situated, or any township contiguous to said township(s); <br />(d) to use and to remove sand, gravel and scoria on the Property; and <br />(e) to use water rights appurtenant to the Property (e.g. springs, wells, <br />private ditches, etc. including 40 shares of Colorado Cooperative Water Stock) as are necessary <br />and convenient for Lessee. Lessor warrants that it owns such water rights and will allow Lessee to <br />use such water. Lessor may use the surface of the Property for farming or any other use until <br />Lessee elects to exercise its Rights stated above. If Lessee, in fulfillment of its legal obligations to <br />reclaim mine lands, undertakes farming activity on any portion of the Property, the Lessee will cause <br />the Property to be planted as necessary, and may contract with Lessor to farm the Property to the <br />Lessee's specifications. Lessee guarantees to Lessor that after mining, the property will be put back <br />as irrigated farmland so as to be fully functional for the production of irrigated grass pasture and hay <br />to the extent that it now is, as required by mining permits issued by the State of Colorado. <br />Before Lessee commences to exercise the Rights specified in (a) - (e) above, Lessor may remove <br />from the Property at Lessor's expense any buildings, structures or other personal property of Lessor <br />Which will, in Lessee's opinion, interfere with Lessee's exercise of said Rights, but upon failure of <br />Lessor to remove same after having had at least six (6) months to do so, then Lessee may at its <br />expense, but without any liability to Lessor remove or destroy same. <br />4. Successors. All covenants, terms and conditions of the Lease shall run with the <br />land and shall be binding upon and inure to the benefit of the heirs, administrators, executors, <br />successors and assigns of the parties to this Memorandum. <br />5. Effect of Agreement. This Memorandum Agreement for Coal Mining Lease is <br />subject the terms and provisions of the Lease, and shall not be construed as a change, modification, <br />amendment or enlargement of said Lease. <br />6. Coal Mining Lease. An original copy of the Lease is maintained at the offices of <br />Lessee and more information concerning it may be requested by contacting Western Fuels <br />Association, Inc., 405 Urban Street, Suite 305, Lakewood, Colorado 80228 <br />IN WITNESS WHEREOF, Lessor has carefully read all of the provisions stated in this <br />instrument, and, as of the date and year first set forth above, has executed and delivered this <br />Memorandum Agreement to Lessee. <br />3 <br />Attachment 2.03.6 -1 -26 <br />