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<br />For and in consideration of Ten Dollars in hand paid and other valuable
<br />consideration, receipt of which is hereby acknowledged, W. R. GRACE & CO. aN - -�,
<br />ASSICt;tll -d1T Of COAL, LCASC
<br />(Serial No.
<br />034365)
<br />Connecticut corporation ( "Grace "), hereby transfers and assigns to COLOSJYO COAL -,
<br />rp : t
<br />C0:[YANX,.a Delaware general partnership ( °Colouyo "), all of its right, title and
<br />interest in and to federal coal lease Denver 034365 issued October ZS, 1924, as
<br />amen
<br />ded and modified (the "Coal Lease "), covering the following, described lands
<br />situated in Moffat
<br />leasehold __rate:
<br />(i) to keep complete and accurate records concerning each tan of
<br />coal mined under the Coal Lease from below the "F Seam ", as defined in
<br />Exhibit A to that certain Agreement of even date herewith (the "Agree -
<br />ment ") between Grace and 'Chc Hanna Mining Company ( "Hanna ") as filed in
<br />}• the Colorado State Land Office of the Bureau of Land Management concur-
<br />rently with the filing of this assignment and, upon request, to make
<br />such records, and all records of coal produced under the Coal Lease
<br />required under 43 C.F.R. §211.6(a) and any amendments thereto, avail-
<br />able for inspection and copying by Grace
<br />County, Colorado, to -wit:
<br />1ovnGhiv 3- North, Range 93 (lest of the
<br />6th F.lf-
<br />Section 2: Lots 10,13,+ 22, 23, 54I1/031114, SSJ1 /4
<br />Section 3f S1 /2Nl /2, 5112'
<br />Section 4:' Lots 1; 2,- 3,`51/2N-E1/4SE1/414'[11/4,�
<br />Z; L'1 /451;1/4, El/2b971/45iJ1/4, sl /25Sd1/4,
<br />SF.1 /4
<br />Sc,•tion 9r All
<br />Section lfli All
<br />-
<br />This assignment is made without warranty, either expressed or impl;ed'.
<br />BY ACCEPTANCE of this assignment, Colowyo, for itself and its
<br />successors
<br />and assigns, agrees to perform the following
<br />covenants which shall run wicr, the
<br />and Hanna;
<br />(ii) to give Grace and Fianna written notice in the manner provided
<br />in paragraph 3(a) of the Agreement on or before the fifth working day
<br />of each month of tire number of tons of coal mined under the Coal Lease
<br />from below said F Seam during the irmucdrately preceding month and, in
<br />like manner, to fltrnrsh Grace and Hanna copies of all production and
<br />royally reports required under 43 C.F.R. 4200.1(x) and any amendments
<br />[hcreLO within ten days of the dale required for the filing of such
<br />reports with the Geological Survey, Department of the Interior, o:
<br />other applicable_ agency of the Onited Seater government, and Grace and
<br />Manua are hereby ❑uchc,rr -.ed and p,rantcd permissron to insp ^Ct and cupT
<br />e,u eh reports in [he office of said
<br />Geological Survey or other appLie-
<br />nble agency;
<br />Exhibit 1, Item 2 -3 Revision Date: 12/28/12
<br />Revision No.: RN -06
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