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(d) Assignment of Mining Leases dated April 21, 1992, assigning the lessee's <br />rights and obligations under the Mining Lease from Peabody Coal <br />Company to Western Fuels- Colorado (Exhibit D); <br />(e) Partial Release of Coal Lease dated June 3, 2002 releasing lands other <br />than the Subject Lands from the Mining Lease (Exhibit E); and <br />(f) Assignment of Mining Lease dated February 2, 2012 assigning the lessor's <br />obligations and liabilities under the Mining Lease from San Miguel Power <br />Association to defendant 4/7, LLC (Exhibit F). <br />(g) A map displaying the lands affected by the Mining Lease is attached as <br />Exhibit G hereto. <br />9. Under the Mining Lease, Western Fuels - Colorado enjoys the right "to prospect <br />and mine [the Subject Lands] by underground, strip or other mining methods, and to remove <br />therefrom and mine any and all coal or other minerals, together with the right to process, <br />stockpile, remove, prepare for market, and sell all coal and other minerals found upon and under <br />said premises." Exhibit A ¶ 1. <br />10. Western Fuels - Colorado also "shall have the sole right to deem where such <br />mining and prospecting operations shall commence and the method and locations where such <br />mining shall continue, and shall have the right to construct buildings, tipples or other structures, <br />and to make excavations, openings, stock - piles, dumps, ditches, drains, roads and other <br />improvements upon described lands, including the use and disposal of sufficient water in said <br />mining and processing operations, and to place such machinery thereon as lessee may deem <br />necessary for efficient prospecting, drilling, blasting, excavating, selling and shipping coal or <br />other minerals on and from said lands." Exhibit A112. <br />11. Further, "[i]t is understood and agreed that this lease is, or may be, taken in <br />conjunction with other leases or operations upon adjacent and neighboring lands, and if the same <br />is so taken, it may be worked in conjunction with such other lands or leases, and lessee is hereby <br />granted the right to transport production from other leases over the premises hereby leased, and <br />to construct drains and culverts across such premises for the purposes of draining other leases <br />and lands, and to do all things that may be reasonably necessary or helpful in the efficient <br />operation of this and other lands and leases." Exhibit A If 3. <br />12. Defendant 4/7, LLC took title to the Subject Lands on or about February 2, 2012. <br />13. Concurrently with the conveyance of title, effective February 2, 2012, 4/7, LLC <br />executed an Assignment with an effective date that coincides with the date of the conveyance of <br />title and which expressly referenced the Mining Lease. In the assignment, defendant "assume[d] <br />and agree[d] to discharge all obligations and liabilities of Assignor hereafter arising under or in <br />connection with the Mining Lease." Exhibit F ¶ 1. <br />{00105064.1 } 3 <br />