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Frank E. aod•:MWtZ*-Morgan <br />T, O. Box 4 <br />Nuclas CO 814,24,. <br />• (970)864-7473; <br />April. 8; 2603 ; <br />.. Tt. LazzGe'VVade, ?e 1Vlanager . <br />Western FtRU-Colorado, LLC <br />RO.:Box •628 <br />NIIcl4,.CO 81424-0628 v... <br />kE: Aiiiendment to Coal Miiiitrg Lease Dated September 10, 1998 <br />We t1;td ttni ersiped.hereby request that Section 8. Lessee.'9..AA410vna1:•?o?i??u?t?ae?ts. <br />-ire anieA&d tca i IM11de the following: <br />af.First t•e£Cisal. Lessor s?iatl have a right thirst refusal to pexforna any <br />'w..flozOWc4Ic far nng of Lessor's property that is mined by Lessee (the <br />: .W& OfRitat Refissal" }.. Th6 , farwiitg work subject to•th:e Riglit of First <br />N• <br />`T ' : eiu al'inriutles seed. bed pteparation, seeding, forUlizirrg, irri gation and <br />' :fefting-that Lessee elects to have peiTozrned by third party cotrtractors. <br />I aak ofk to be Performed. Prior to perfoaming any wor2c subject to the <br />Right 6k First Refusal, Lessee shall give Lessor reasonable notice of the work <br />to be pdrforme4 (including the material specifications related to the worls),and. <br />the .low bid price for similar work paid by Lessee undo -Farming and irrigating <br />Contracts fin effect afthe time (the "Lbw Bid Price"): ;.Lessor shall have the . <br />olition tci' either. perfoirni the specified work at the Love Bid Price or allow <br />.• Lessar to Ouhtract Vviffi-third parties to have such wozk•p-erforrned,. <br />a. •Iti-the event Lessor elects to perform the work, Lessor shall perform the work <br />--in.accordance with Lessee's specifications and. Lessor shall be compensated <br />: 'by Lessee at the Low Bid Price. <br />b. In tire event tessor elects not to perform the woi'lc; Lessor's Right: of*tt of <br />Refusal with respect to the work which Less& has elected not to lierfo?rm-shalt ' <br />terminate. Lessee shall be entitled to contract with third parties with respect to <br />Mah work and Lessee shall not be required to re-offer such work to Lessor at <br />the dike Lessee enters into a contract with a third party until. that contract <br />= expires and is rebid. e, <br />Harvesting of CrobS. For crops planted omLessor's property that is mined'by' <br />s <br />r <br /> <br />i <br />} <br />if