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2011-06-08_GENERAL DOCUMENTS - C1981008
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2011-06-08_GENERAL DOCUMENTS - C1981008
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Last modified
8/24/2016 4:34:18 PM
Creation date
10/5/2012 8:05:38 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981008
IBM Index Class Name
General Documents
Doc Date
6/8/2011
Doc Name
WFC Response re: Citizen Complaint – Timing of Haying & Reveg Studies
From
Carver Schwarz McNab & Bailey, LLC
To
DRMS
Permit Index Doc Type
General Correspondence
Email Name
DAB
SB1
MLT
Media Type
D
Archive
No
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(if any) rights of way, easements, leases, encumbrances, reservations and exceptions which are set <br />forth in Exhibit A, attached hereto. <br />If Lessee requests, Lessor shall, at its expense, provide to Lessee a complete abstract of <br />title or title insurahce commitment, as Lessee shall select, brought down to current date, showing <br />title to the Property and Coal in Lessor's name sufficient in extent and legal quality to grant the <br />leasehold estate and Rights specified in this Lease. If Lessor shall refuse or neglect to provide <br />same, then Lessen may obtain such evidence and deduct the cost thereof from any amounts which <br />Lessee may owe to Lessor. <br />If with respect to the Property, Coal or Fights leased and granted hereunder, there should <br />appear at any time any defect in the title of Lessor, or if any of the title of Lessor shall be less in <br />extent or legal quality than necessary to support the leasehold and Rights granted herein, or should <br />any lien or encumbrance be found on the Property, Coal and /or Rights, then Lessee may, but shall <br />not be required to!, undertake in the name of the Lessor to cure the defect, purchase the required <br />title, or cause the encumbrances to be satisfied and discharged, in which case, Lessee may deduct <br />the cost thereof from any amount which Lessee may then or later owe to Lessor. If in Lessee's sole <br />judgement the title to any part of the Property, Coal and /or Rights hereby leased is not susceptible <br />to quieting to Lessee's satisfaction, or if the required title cannot be acquired, or if and to the extent <br />that any lien or encumbrance thereon cannot be discharged or redeemed, then Lessee may elect <br />to mine that part of the Coal, and /or use that part of the Property and Rights, which are in Lessee's <br />opinion legally available to Lessee. If Lessee shall elect to mine part of the Coal under any of the <br />events described in the previous sentence, this Lease shall remain in effect and Lessee may reduce <br />or proportion thereafter the payment of any amounts hereunder, both prospectively and <br />retrospectively, to reflect Lessor's interests (or the proportion thereof among the Lessors, if there be <br />more than one Lessor), but in proportioning the payment of any such amounts, fifty percent (50 %) <br />
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