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supplies. LICENSEE shall conduct all operations in compliance with all federal, <br />state, and local laws and regulations. LICENSEE shall use existing roads for <br />ingress and egress on or over LICENSEE'S property. LICENSOR shall advise <br />LICENSEE of any special or unusual conditions required by any lease agreement' <br />or other agreement applicable to Exhibit A. <br />5. Term of Agreement. This Agreement shall be and remain in effect - <br />commencing on the Effective Date ( "Term "). Qom{ e Vd OA) <br />peGa rnb e r 3 i, 2 00?, <br />6. Operative Provisions of Agreement, <br />(a) This Agreement and Exhibit A attached hereto state the entire agreement <br />between the Parties, and replace all oral and written representations, <br />correspondence and agreements by or between the Parties concerning the <br />Property. No amendment or modification of this Agreement shall be binding <br />unless made by written instrument of equal formality. Each Party shall be <br />entitled to insist strictly upon the timeliness of performance by the other <br />Party of the other Party's obligations. <br />(b) The rights, duties and benefits of this Agreement shall accrue to and be <br />binding upon the respective successors and assigns of the Parties. <br />(c) No assignment of the Agreement or of any interest therein, and no <br />sublicense for any purpose shall be made or granted by LICENSEE without <br />the prior oral or written notice to LICENSOR, unless assigned to a corporate <br />affiliate of LICENSEE. <br />IN WITNESS WHEREOF, the Parties have executed this Agreement in duplicate as <br />of the date first above written, by their own hand and deed. <br />LICENSEE: <br />Colorado Coal Resources, LLC <br />Dated: 2L/(v "0 81-- <br />LICENSOR: <br />Wilton Earle & Sons <br />MEMO/-, M-- MA <br />i t <br />Dated: %~ 15'--6 Y <br />