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r <br />• <br />conditions, the AO will give proper notice to the <br />operator /lessee as required under applicable regulations. The <br />AO will order a modification, if necessary, identifying <br />additional reserves to be mined in order to attain MER. Upon <br />a final administrative or judicial ruling upholding such an <br />ordered modification, any reserves left unmined (wasted) <br />under that plan will be subject to damages as described in the <br />first paragraph under this section. <br />(4) Subject to the right to appeal hereinafter set forth, <br />payment of the value of the royalty on such unmined <br />recoverable coal reserves shall become due and payable upon <br />Blue Mountain Energy Inc. <br />(Company or ssee Name) <br />By <br />(Signature of Lessee) <br />-k- cEo <br />• (Title) <br />:1, A5 Llooq <br />(Date) <br />determination by the AO that the coal reserves have been <br />rendered unmineable or at such time that the operator /lessee <br />has demonstrated an unwillingness to extract the coal. <br />(5) The BLM may enforce this provision either by <br />issuing a written decision requiring payment of the MMS <br />demand for such royalties, or by issuing a notice of non- <br />compliance. A decision or notice of non - compliance issued by <br />the lessor that payment is due under this stipulation is <br />appealable as allowed by law. <br />The United States of America <br />By <br />"'� ping Officer) <br />Dee to State T ireete_ _ E er T ..... ,79 &-24iner <br />(Title) <br />ate) <br />Title 18 U.S.C. Section 1001, makes it a crime for any person knowingly and willfully to make to any department or agency of the United <br />States any false, fictitious or fraudulent statements or representations as to any matter within its jurisdiction. <br />0 <br />