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2010-11-16_PERMIT FILE - C1996083A (26)
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2010-11-16_PERMIT FILE - C1996083A (26)
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Last modified
8/24/2016 4:27:00 PM
Creation date
3/16/2011 8:24:03 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1996083A
IBM Index Class Name
Permit File
Doc Date
11/16/2010
Section_Exhibit Name
Exhibit 01 Coal and Water Rights
Media Type
D
Archive
Yes
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<br />If to Grantee: <br />Bowie Resources Limited <br />1500 North Big Run Road <br />Ashland, Kentucky 41102 <br />Fax. No.: (606) 928-0450 <br />If to Grantor: <br />Coors Energy Company <br />12th and Ford Street <br />Golden, Colorado 80401-1295 <br />Attention: Steve Brown <br />Fax. No.: (303) 277-5639 <br />Any party may, by written notice so delivered to the others, <br />change the address or facsimile number to which delivery shall <br />thereafter be made. <br />This Deed shall be construed under and governed by <br />the laws of the State of Colorado. The parties intend that <br />any right, interest option or estate in property created <br />~~ hereunder or pursuant hereto be construed as a non-donative <br />transfer which is not subject to any common law or statutory <br />rule against perpetuities, as provided in Colorado's Uniform <br />Statutory Rule Against Perpetuities. In the event that any <br />common law or statutory rule against perpetuities is held to <br />apply to any such right, interest, option or estate, <br />notwithstanding any other provision of this Deed, if such <br />right, interest, option or estate in property granted by this <br />Deed or pursuant hereto does not vest upon the date hereof, <br />such right, interest or estate shall vest, if at all, within <br />twenty-one years less one day after the death of the last <br />surviving descendant of Adolph Coors I who is living on the <br />date of the execution of this Deed by Grantee or the effective <br />date hereof, whichever is earlier. Notwithstanding the <br />limitation in the preceding sentence, the parties agree and <br />intend that a court finding any common law or statutory rule <br />against perpetuities applicable reform such right, interest, <br />option or estate so that such right, interest, option or <br />estate is exercisable for the longest period permissible under <br />such rule, if by such reformation such right, interest, option <br />or estate would be exercisable for a period longer than that <br />provided in the preceding sentence. <br />If any provision of this Deed or the application <br />hereof to any person or circumstance shall, for any reason and <br />to any extent, be invalid or unenforceable, neither the <br />remainder of this Deed nor the application of such provision <br />-10- <br />
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