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RECEPTION #: 708275, 01/19/2011 at 02:37:31 PM, 1 OF 4, R $26.00 Doc Code:AGR
<br />Kay Wein1and, Routt County, CO
<br />RIGHT OF ENTRY AGREEMENT
<br />THIS RIGHT OF ENTRY AGREEMENT ("Agreement ") is entered into this 7 day of
<br />January, 2011, by and between Cottonwood Land Company, a Delaware corporation, hereinafter
<br />referred to as "Owner" with a business address of 701 Market Street, Suite 972, St. Louis,
<br />Missouri 63101 and Sage Creek Coal Company, LLC, a Delaware limited liability company,
<br />hereinafter referred to as "Operator ", with a business address of 701 Market Street, Suite 803, St.
<br />Louis, Missouri 63101.
<br />WHEREAS, Owner owns or controls surface lands and facilities in Routt County,
<br />Colorado associated with the Red Rock Pit . and surrounding permit area ( "Property "), more
<br />particularly described in the attached Exhibit A to Right of Entry Agreement, and which is
<br />incorporated by reference herein and made a part of this Agreement;
<br />WHEREAS, Owner and Operator are affiliated and are indirect wholly owned subsidiary
<br />companies under Peabody Investments Corp, a Delaware corporation;
<br />WHEREAS, Operator has acquired or will acquire a permit(s) for the purposes of
<br />excavating and mining rock and related support activities on and at the Property, and by
<br />execution of this Agreement Owner is providing Operator the right to enter the Property for the
<br />purpose of supporting and assisting Operator's operations as outlined below.
<br />WITNESSETH
<br />Now, therefore, in consideration of $1.00 and full compliance with the covenants set forth
<br />below, Owner and Operator agree to as follows:
<br />1. Owner hereby grants unto Operator a non - exclusive right of entry to enter upon the
<br />Property for any and all uses, purposes, and operations, as relevant to the Operator's
<br />permit applications and requirements including, but not limited to, mining, removal and
<br />transporting rock to and for use in, on, or at Operator's nearby lands and facilities, as
<br />needed,
<br />2. No title or real property interest other than the right of entry is being transferred or
<br />conveyed by this Agreement.
<br />3. This Agreement is applicable only to that specific Property as described on the attached
<br />Exhibit A.
<br />4. This Agreement shall have an indefinite term until such time as either: (a) the Property
<br />is conveyed, transferred, assigned, or quitclaimed by the Owner, or (b) Operator
<br />provides sixty (60) days written notice to Owner of termination of the Agreement In the
<br />event of termination under this paragraph, Routt County shall have whatever time
<br />specified in its lease agreement with Operator that is contemplated and referenced in
<br />paragraph 7 herein.
<br />5. Operator shall fully indemnify, defend, and save harmless Owner, its officers, agents,
<br />consultants, and 'contractors from and against any and all liabilities, losses, damages,
<br />costs, claims, suits for damages, attorneys' fees, and any other expenses of any kind,
<br />whether directly or indirectly arising from Operator's operations, uses, and rights upon, in
<br />and under the Property.
<br />EXHIBIT A
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