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ennK 8 75PA6i 539 <br />natural and /or artificial water courses and any other facility; and <br />(d) to undertake any other thing or use necessary or convenient for exercising the <br />Rights otherwise specified in this paragraph 3, all with respect to the mining of the coal and <br />with respect to the mining of other coal on other lands situated in the same township in which <br />the Property is situated, or any township contiguous to said township. <br />4. Royalties Lessee agrees to pay Lessor such royalties as are provided in the Coal <br />Lease. <br />S. Successors All covenants, terms and conditions of the Coal Lease shall run <br />with the land and shall be binding upon and inure to the benefit of the heirs, administrators, <br />executors, successors and assigns of the parties to this Memorandum. <br />6. Effe of Agreement This Memorandum Agreement for Surface Coal Mining <br />Lease is subject to the terms and provisions of the Coal Lease, and shall not be construed as <br />a change, modification, amendment or enlargement of said Coal Lease. .. <br />7. Coal Lease An original copy of the Coal 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, the parties have caused this Memorandum Agreement for <br />Surface Mining Coal Lease to be duly executed as of the day and year first above mentioned. <br />WESTERN FUELS - COLORADO, A LIMITED LIABILITY COMPANY, <br />LESSEE <br />BY <br />STATE OF gyp+ R ) <br />COUNTY OF <br />The foregoin instrument was acknowledged before me this _k2j day of , <br />1994, by Avv%reW T1!1r c ," , as rc ^ of Western Fuels- Colorado, A Limited <br />Liability Company. <br />Witness my hand and official seal. �OSAR y <br />03 <br />Notary 031ic% ZAP w it <br />r <br />My Commission expires: #` * /tip - _ <br />4 <br />Attachment 2.03.6 -1 -57 <br />