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evaluations), mine feasibility reports, mine development studies and plans,
<br />information concerning exploration and development of deposits of Minerals
<br />(including information concerning mine operation, shutdown, and closure and
<br />concerning reclamation of lands and other resources affected by mining),
<br />environmental data and related information and reports and studies, computer
<br />hardware and software and all documentation therefor or relating thereto
<br />(including, without limitation, all licenses relating to or covering such computer
<br />hardware, software or documentation), trade secrets, business names, trade marks,
<br />service marks and the goodwill of the business relating thereto, patented and
<br />unpatented inventions, copyrights, lease records (including rental and royalty
<br />payment records), the Permits and records and information concerning
<br />compliance with the Permits, mine development programs and budgets, financial
<br />statements and audits, reclamation plans and related data and reports, insurance
<br />policies, information and data and reports regarding the products and proceeds of
<br />mine operations (including, without limitation, quantities produced, proceeds
<br />from sale or other disposition, and disbursement of proceeds to persons entitled to
<br />a share thereof), information and data and reports relating to or associated with all
<br />aspects of all or any portion of the Mine and all of Grantor's rights and interests
<br />therein, whether owned, licensed or otherwise (the "Records and Data");
<br />0) Any and all water and water rights of any type, whether surface or
<br />underground, and all ditch rights, wells, and well rights, which are appurtenant to
<br />the Lands or the Mine or which are or may be used on or in connection with the
<br />Lands or the Mine at the present time or at any time hereafter, including, but not
<br />limited to: (i) adjudicated water rights and decrees; (ii) unadjudicated water rights
<br />and appropriations; (iii) approved and unapproved Applications to Appropriate,
<br />approved or unapproved Applications for Permanent Change of Water, approved
<br />or unapproved Applications for Exchange of Water, diligence claims; (iv) all
<br />rights, shares or allotments of water in mutual irrigation companies and all shares
<br />of stock or other instruments evidencing a right to such water; (v) all rights
<br />claimed under contract; and (vi) all ditches, canals, reservoirs, pipelines, tunnels,
<br />wells, and all other structures for diverting and conveying water, and all rights of
<br />way and easements, including, without limitation, the water rights in Montezuma
<br />County, Colorado, more particularly described in Part III of Exhibit A
<br />(collectively, the "Water Rights ");
<br />(k) Any and all accounts, contract rights and general intangibles now or
<br />hereafter arising in connection with the production, treatment, storage, gathering,
<br />transportation, handling, processing, manufacturing, sale or marketing of Minerals
<br />produced from or allocated or attributed to any of the estates, property, interests
<br />or rights described or referred to above or herein or any other interest of Grantor
<br />in, to or under or that covers, affects or otherwise relates to the Lands or the Mine
<br />or to any of the estates, property, interests or rights described or referred to above
<br />or herein and all other accounts, contract rights and general intangibles now or
<br />hereafter arising in connection with the estates, property, interests or rights
<br />described or referred to above or herein; and
<br />6
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