lintim 892r�-Cf 498
<br />BY THIS LEASE, LESSOR INTENDS TO LEASE TO LESSEE ALL OF LESSOR'S RIGHT,
<br />TITLE AND INTEREST IN THE COAL IN, ON OR UNDER THE Benson East Property, UPON THE
<br />TERMS AND CONDITIONS STATED HEREIN.
<br />3. IBM. This Lease shall be in effect for ten 10 Years stated above and for so long thereafter as: (1) coal is produced n omme cial from the
<br />leased lands or any part thereof, or any contiguous or nearby lands as a pan, of a ontinuous or
<br />Integrated mining operation or mining plan, (2) the Benson East Property is being reclaimed per the
<br />requirements of the mining permit covering the Benson East Property issued b
<br />Division of Minerals and Geology, Office of Mined Land Reclamation and (3) all reclamatio bonds
<br />issued on the Benson East Property are fully released.
<br />Notwithstanding any other provisions made in this Lease to the contrary, Lessee shall have
<br />the right at any time, upon the basis of at least thirty
<br />terminate this Lease effective on December 31 f any) days advance written notice o Lessor, all
<br />amounts, if any, due under the terms of this Lease to the day b ut Lessee must pay to Lessor all
<br />termination. y previous to the effective date of
<br />After expiration or termination of this Lease, Lessee shalt have an additional ninety (go) days
<br />during which Lessee shall have the right to re -enter the Benson East Property and remove all of
<br />Lessee's property from the Benson East Property, and thereafter, as and when required by law, and
<br />until such time as Lessee is released by all appropriate regulatory agencies, Lessee shall have the
<br />right to perform reclamation and environmental work on and respecting the Benson East Property,
<br />Provided however, that reclamation and environmental work shall be Performed reasonable
<br />rmed in a and
<br />timely manner after termination of the Lease.
<br />i 4. Snwejat Rinht of i a� g
<br />implication of law hereunder, Less p cifiCai� ddition to whatever rights Lessee may have by
<br />('Rights *): y grants to Lessee the following exclusive rights
<br />(a) to drill, take core samples, survey, map and otherwise evaivate the Coal, and
<br />g perform environmental and cultural resource studies. Lessee will be liabl e for the destruction of
<br />growing crops and field improvements, provided, however, that once Lessee provides six (6) months
<br />notice to cease irrigating and other farming operations, Lessee shall no longer be liable for crop or
<br />field improvement losses.
<br />(b) to mine, extract, remove, process, market or otherwise use the Coal, Including
<br />mining by the strip, auger and /or any other methods now or hereafter in existence. Upon payment
<br />of royalties due, Lessor relinquishes any ownership right of coal under this lease. It is expressly
<br />agreed that Lessee has the right to damage the surface and any surface improvements during
<br />mining operations. However, Lessee agrees to reclaim the surface (and is required by law to do so)
<br />to standards that will be included in mining permits issued by the State of Colorado.
<br />with an (c) of free access to, in, from and across the Benson East Property and the Coal
<br />y 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, powedines, ditches, storage facilities, substations, excavat►ons, 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 />respect to the mining of other coal on other lands situated in the same township(s) in which the
<br />Attachment 2.03.6 -1 -37
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