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<br />FIRST AI41~1~'DME1~7T <br />TO <br />A14~flV93ED AIVD RESTATED Ut`1°I)ERGROUND £®i~I, [,EASE <br />TtRaS FLR.ST AMEI+TDAr~?dT TO ANIF.A7DED AND RESTATED UNDERGROUI:ID <br />COAL LEASE ("FixSt Amendmenf~, dated eff dive as of July 29, 200 ("EffectiYe Daie"~, is <br />by and between A3OIlYtitT GUNNISON FUEL COI,IPAlrtl', a Colorado corporation ("Lessor') <br />and lvIOUNTAIN COAL COTvIPAN`i, L.L.C., a Dela-vare limited liability wmpmy ("l.es:.ce'~. <br />RECITALS <br />A. Lessor and Lessee's immediate predecessor in interest, A3ountain Caal Company, <br />a Delaware corporation, entered into an Amended and Restated Undergtomd Coal Lease dated <br />as ofApriI 18, 1995 ("Restated Lease'), cove[In~ certain lands lucaWl in Gunnison Comfy; <br />Colorado. <br />B. Lessor and Lessee desire to execute this First Amendment to iuciude additional <br />lands in and grant additional ri~ltts under the Restated Lease. All capitalized terms net expressly <br />defined in this First Amendment shall have the meaning assi~ed to them in the Restated Lease. <br />AGREEh~I~Tf <br />NOPi, 'flYF12FFORE, in cotisidt..a,'itm of 510.00 and other hoed and valuable <br />consider-atiou, the receipt aad ~affieiency of which are hereby ac~ow-ledged, the garcYes hereby <br />a~rze a5 IO11o1Y5: <br />1. Leased Premises. Section 1 of the Restated Lease shad be, and hereby is, <br />amended by inclttdin~ the foLtowine lands a; Leased Premises: <br />`Township 14 South Ranee 90 4~Iest <br />Section 6: IIF.S [120?. <br />Township 1S South. Ranee 90 West <br />Sectian 3l: F12SWIs, E/21~/3SLt7/4 (aka Lats 8 aad 11, Flt of Loi 9)." <br />?. Sraeitte:~ma Lauds, Section 1 of the Re„ceated Lease shall be, and hereby is, <br />amended by adding the following para~~tagh at the end of Section 1: <br />`Tn addition to all outer ruts granted under this Section 1, Lessor <br />expressly leases to Lessee for the extended term of this Lease the <br />following lands for all grrrgoses related to Lessee's coal mining <br />operaiians, including, without limitation, staging equipment, <br />staltplies and persomrel for conduc--tiny coal mine rlrllling activities, <br />together tc;th the ri~rt to sublease all or part of such lands far <br />as!3ss,-s.-'s=et <br />