2012-03-02_PERMIT FILE - C1981012

• 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

If to Lessor:
Kern Valley Railroad Company
Attention: M. J. Van Wagenen, Vice President
P.O. Box 26421
Salt Lake City, Utah 84126
If to Lessee:
New Elk Coal Company LLC
Attention: Ronald Thompson, Mine Manager
122 West First Street
Trinidad, Colorado 81082
With a copy to:
Aab & Botts, LLC
Attention: Robert E. Botts, Jr.
8301 E. Prentice Avenue, Suite 300
Greenwood Village, Colorado 80111
Email Address: rbotts @abglegal.com
Facsimile Number: (303) 736 -6774
• or in any case, to such other address for a party as to which notice shall have been given to
Lessor and Lessee in accordance with this Section. Notices so addressed shall be deemed to
have been duly given (i) on the third business day after the day of registration, if sent by
registered or certified mail, postage prepaid, (ii) on the next business day following the
documented acceptance thereof for next -day delivery by a national overnight air courier service,
if so sent, or (iii) on the date sent by facsimile transmission, if electronically confirmed.
Otherwise, notices shall be deemed to have been given when actually received at such address.
15.2 Entire Agreement This Agreement and the exhibits hereto constitute the
exclusive statement of the agreement between Lessor and Lessee and Sellers concerning the
subject matter hereof, and supersedes all other prior agreements, oral or written, among or
between any of the parties hereto concerning such subject matter. All negotiations among or
between - any of the parties hereto are superseded by this Agreement, and there are no
representations, warranties, promises, understandings or agreements, oral or written, in relation
to the subject matter hereof among or between any of the parties hereto other than those
expressly set forth or expressly incorporated herein.
15.3 Modification No amendment, modification, or waiver of this Agreement or any
provision hereof, including the provisions of this sentence, shall be effective or enforceable as
against a parry hereto unless made in a written instrument signed by all parties hereto.
15.4 Binding Effect This Agreement shall be binding upon and shall inure to the
benefit of Lessor, Lessee, and the respective successors and assigns of Lessor and Lessee.
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