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Upon and after the closing contemplated in section 2, Lessor shall pay all taxes and <br />assessments oh the Leased Coal and on Parcel B, so long as those properties are owned by Lessor, <br />and Lessee shall pay all taxes, for or with respect to Parcel A and Lessee's equipment and <br />improvements, together with all taxes relating to, or arising by virtue of, Lessee's mining activities, <br />so long as those properties are owned by Lessee. If requested by either party, parties shall provide <br />evidence of payrment of all taxes and assessments within 10 days of the date of request. If parties <br />fail to pay any such taxes, either party may pay them and offset such amounts against royalties due <br />to Lessor or may otherwise collect them. <br />IN WITNESS WHEREOF, Lessor has carefully read all of the provisions stated in this <br />instrument, and, as of the date and year first set forth above, has executed and delivered this Lease <br />to Lessee. <br />WESTERN FUELS - COLORADO, A LIMITED LIABILITY COMPANY, <br />LESSEE <br />n" <br />BY ✓ L' <br />STATE OF COLORADO <br />COUNTY OF ADAMS <br />The foregoing instrument was acknowledged before me this 6th day of December <br />1995 by _ H. J. Thompson as President of Western Fuels- Colorado, A Limited <br />Liability Company. <br />1 <br />Witness my hand and official seal. _ ,rte <br />Notary Public <br />My Commission expires: 12/8/96 <br />D to!NN.�. E. WAKEFIELD <br />�rNo: -r i RY PUBLIC <br />O <br />CI <br />F <br />