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11111 <br />I <br />IIIIIIII I <br />11 <br /> II <br />aGREEAIENT <br />M <br />MADE this ,-8 ~ day of January, 1994. <br />RECITALS <br />WI~REAS, MINERS IN'C. has or will enter into an agreement under which it will <br />conduct reclamation of the HA«'K'S NEST SITE; <br />V1'I-IEREAS, MO[JNTAIN C0.4L COMPANY owns coal storage silos on the Hawk's <br />Nest Site; <br />WHEREAS, Miners Inc. and Mountain Coal Company acknowledge that the reclamation <br />of the Hawk's Nest Site must be conducted in a manner that minimizes disruption of rail service to <br />Mountain Coal Company's West Elk Mine, <br />NOW, THEREFORE, in consideration of the mutual promises in this Agreement, the <br />parties agree as follows: <br />1. Throughout the entire time that Miners Inc. conducts reclamation activities at the. <br />Hawk's Nest Site, the southetrtmost of the two rail lines passing through the Hawk's Nest site <br />area shall remain open, except as provided in paragraph 4. <br />2. The northernmost rail line shall not be closed prior to February 12, 1994. <br />3. Miners inc. shall close the northern rail line for a maximum period of 14 calendar <br />days beginning no later than 6:00 a.m., February 14, 1994 if reclamation activities do not <br />allow restoration of the northern rail line by Saturday, February 26, 1994, reclamation <br />activities affecting the northern rail line shall cease as of that date, and the northern rail line <br />restored so that it is functioning no later than 6:00 a.m. Monday, February 28, 1994. If work <br />is not completed, )\4iners Inc. and Mountain Coal Company shall meet with the State of <br />Colorado Division of Minerals and Geology and the Southern Pacific Railroad shortly after <br />Monday, February 28, 1994 to set a schedule for completing reclamation of the Hawk's Nest <br />Site. <br />4. The southernmost track shall be closed no more than 48 cumulative hours during <br />the period that demolition work is in progress. Miners Inc. shall not close the southernmost <br />track without prior notice to Mountain Coal Company and without the prior approval of <br />Mountain Coal Company, which shall not be unreasonably withheld. <br />5. The northernmost track shall be closed for no more than 14 calendar days <br />beginning no later than 6:00 a.m. February 14, 1994. <br />6. If Miners [nc. fails to have the northernmost track functioning by 6:00 a.m. <br />Febniary 28, 1994, or closes the southern track for greater than 48 cumulative hours, then <br />