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The applicable index shall be the Denver, Colorado, All Urban Consumers <br />(CPI -U) Index. The change shall be computed by using the data normally <br />published annually in July and which data reflects the January-June data <br />averages, and then by comparing these statistics to the same data <br />averages for the same period in the previous year. The percentage <br />change shall be applied to increase the initial payment and then to each <br />subsequent payment using the previous year payment as the base <br />payment throughout the term of this lease. If such index is discontinued, <br />the parties shall agree to use another index which is most comparable to <br />the designated index, it being intended that, to the extent available, the <br />data which is effective as of July 1s` shall be utilized and compared to the <br />data for the same period in the year prior to the year in which the payment <br />is being made. <br />5. LICENSOR and LICENSEE agree that the Agreement is herby amended <br />by this Amendment to allow LICENSEE the right to development a water <br />monitoring station at drill hole site designated as cci023 on the map <br />attached to the Agreement. <br />Except as herein amended, all other terms and provisions of the <br />Agreement shall remain in full force and effect. <br />IN WITNESS WHEREOF, the Parties have executed this Amendment in <br />duplicate as of the date first written above, by their own hand and deed. <br />LICENSEE: <br />Colorado Coal Resources, LLC <br />By:�iti�C�i vTr <br />Its: Walter L&flayMns, <br />Sr. V.P. and Treasurer <br />Dated: /) ce) i <br />LICENSOR: <br />Wilton Earle & Sons <br />Dated: 10 / Z ` ZOP T <br />