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<br />02/1812004 09:19A
<br />" C KRUSE, GLK &REC MONTROSE; CO LSE R 56.00 D 0.00
<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
<br />the destruction of growing crops and field improvements, provided, however, that once
<br />Lessee provides six (6) months notice to cease irrigating and other farming operations,
<br />Lessee shall no longer be 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
<br />existence. 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
<br />during mining operations. However, Lessee agrees to reclaim the surface (and is required
<br />by law to do so) to standards that will be included in mining permits issued by the State of
<br />Colorado.
<br />(c) of free access to, in, from and across the New Benson Property and the Coal
<br />with any persons, tools, machinery, and appliances, and also the right to install, maintain,
<br />use and change buildings, tipples, railroad facilities, conveyors, roads, haulage ways of all
<br />kinds, pumping stations, pipelines, power lines, ditches, storage facilities, substations,
<br />excavations, pits, openings, stockpiles, mine refuse disposal areas, drains, dams, ponds,
<br />natural and /or artificial water courses, and any other facility, and to undertake any other
<br />thing or use necessary or convenient for exercising the Rights otherwise specified in this
<br />Section 3, all with respect to the mining of the Coal and with respect to the mining of other
<br />coal on other lands situated in the same township(s) in which the New Benson Property is
<br />situated, or any township contiguous to said township(s);
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<br />Attachment 2.03.6 -1 -77
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