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2012-03-02_PERMIT FILE - C1981012
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2012-03-02_PERMIT FILE - C1981012
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Last modified
8/24/2016 4:49:29 PM
Creation date
3/9/2012 1:34:07 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981012
IBM Index Class Name
Permit File
Doc Date
3/2/2012
Doc Name
PERMIT REVISION NO. 3
Section_Exhibit Name
Exhibit 40 Jansen Loadout
Media Type
D
Archive
No
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as soon as it is discovered. Lessor and Lessee agree to work together to resolve any discovered <br />adverse condition that will affect the performance hereunder. However, if there are any non- <br />compliant and/or adverse environmental issues discovered at the Jansen Facility, Lessor shall be <br />solely responsible for any expenses incurred to remedy any non - compliant and/or adverse <br />environmental condition; provided, however, such expense shall not exceed $25,000. If any <br />material adverse environmental condition is discovered, which Lessor fails to adequately remedy <br />within such period of time that is reasonable under the circumstance, then Lessee shall have the <br />sole option to terminate this Agreement, without any further obligation whatsoever. <br />ARTICLE 2 <br />JANSEN FACILITY OPERATIONS <br />2.1 Operations and Maintenance Lessee shall use the Jansen Facility as a coal <br />stockpiling and railroad car loading area. Lessee, or its subcontractors, shall deliver mined coal <br />by truck to the Jansen Facility and shall stockpile up to 25,000 tons of coal at the Jansen Facility. <br />As part of Lessee's coal handling process at the Jansen Facility, Lessee shall install certain <br />material handling equipment that is designed to receive trucked coal and to transfer the coal to <br />railroad cars ( "Coal Handling Equipment "). Lessee may also elect to construct or install certain <br />removable structures and fixtures at the Jansen Facility for purposes of Lessee's operations. <br />Lessee shall be solely responsible for the maintenance and repair of any of the structures, fixtures <br />and Coal Handling Equipment installed by Lessee for its operations at the Jansen Facility. Any <br />and all costs, expenses and liabilities accruing or resulting from Lessee's operations at the Jansen <br />• Facility including, without limitation, structures, fixtures and Coal Handling Equipment shall be <br />borne solely by Lessee. <br />2.2 Title to PropM <br />a. Any and all of Lessee's Coal Handling Equipment and any structure or <br />fixture constructed or installed by Lessee at the Jansen Facility shall remain the property of <br />Lessee. Notwithstanding the forgoing, Lessor shall retain title to the Jansen Facility. <br />b. As part of the coal handling process referred to under Section 2.1 above, <br />Lessee intends to install a new rail line at the Jansen Facility that shall connect with the existing <br />rail line at approximately MP 0.2 and extend west to approximately MP 0.4 (the "Alternative <br />Mainline "). A map depicting the plans for the Alternative Mainline is attached hereto as Exhibit <br />C. Notwithstanding the forgoing Section 2.2(a) above, Lessee agrees to purchase the railroad <br />track materials for the construction of the Alternative Mainline pursuant to the material unit price <br />terms as set forth on the A &K Railroad Materials, Inc. Quotation, dated August 17, 2010, a copy <br />of which is attached hereto as Exhibit D. Lessee shall make full payment to A &K Railroad <br />Materials, Inc. for the purchase of the railroad track material at the time of such purchase. <br />Lessee further agrees to transfer title to the railroad track materials used to construct the <br />Alternative Mainline to Lessor. Lessor shall hold title to such railroad track materials during the <br />term of this Agreement. Lessee also plans to remove approximately 300 feet of the existing <br />mainline track to facilitate the installation and access to certain coal loading equipment in the <br />
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