Contract
Exhibit 10.3
THIS AMENDMENT made and entered into effective the 1st day of January, 2006, by and between
ACIN LLC, a Delaware limited liability company, successor in interest to CSTL LLC through merger,
(hereinafter referred to as “Lessor”), and ALPHA LAND AND RESERVES, LLC, a Delaware limited
liability company (hereinafter referred to as “Lessee”).
WHEREAS, by Coal Mining Lease dated April 9, 2003, effective as of April 1, 2003, Lessor did
demise, lease and let to Lessee the Leased Premises (all capitalized terms used herein shall have
the meaning given in the Lease), for the purpose of mining, preparation, loading, removal,
transportation and shipping of coal, as more fully set forth in the Lease; and
WHEREAS, said Coal Mining Lease has heretofore been amended by First Amendment to Coal Mining
Lease dated September 30, 2003, effective April 1, 2003; Partial Surrender Agreement dated December
12, 2003, effective December 1, 2003; Second Amendment to Coal Mining Lease dated and effective
December 15, 2003; Third Amendment to Coal Mining Lease dated and effective October 1, 2004; Fourth
Amendment to Coal Mining Lease dated and effective September 1, 2005; two Partial Surrender
Agreements dated and effective September 1, 2005; Partial Surrender Agreement effective November 1,
2005; and various letter agreements (said Coal Mining Lease, as supplemented and amended, being
hereinafter referred to as the “Lease”); and
WHEREAS, Lessor and Lessee desire to further amend the Lease as hereinafter set forth.
W I T N E S S E T H:
That for and in consideration of the terms, conditions and stipulations embodied within the
Lease, as amended, to be performed and observed by Lessor and Lessee, the sufficiency of which is
hereby acknowledged, effective January 1, 2006 and continuing thereafter during the term of the
Lease, Lessor and Lessee do hereby agree that the third paragraph of Section 2 of the Lease shall
be amended in its entirety as follows:
Lessee recognizes and acknowledges that the Source Deeds contain certain
Restrictions that relate to the surface, timber, oil and gas estates in or on the
Leased Premises, and Lessee hereby accepts this Lease subject to those Restrictions
and agrees to be bound by said Restrictions and to comply with same (including any
requirements to give notice to the beneficiary of such Restrictions, providing a
simultaneous copy to the Lessor) in all its activities hereunder. Provided however,
in the event the Restrictions require the payment of monies relative to any of the
matters contained therein and Lessee’s activities under this Lease will cause the
requirement to pay such monies, then and in that event, Lessee will endeavor to give
Lessor as much advance notice of such requirement as possible. Lessor shall
reimburse Lessee one-half of any monies paid with respect to the Restrictions within
thirty (30) days after receipt of invoice and Lessee’s proof of payment to the
beneficiary of the same.
All other terms and conditions of the Lease, as previously amended, not inconsistent herewith,
shall remain in full force and effect, without modification or amendment.
IN WITNESS WHEREOF, Lessor and Lessee have caused this Amendment to be executed as of the day
and year first above written.
ACIN LLC, a Delaware limited liability company, | ||||||
By NRP (Operating) LLC, a Delaware limited liability company | ||||||
and its Sole Operating Manager | ||||||
By: | /s/ Xxxx Xxxxxx | |||||
Xxxx Xxxxxx, Its President and Chief Operating Officer | ||||||
ALPHA LAND AND RESERVES, LLC | ||||||
By: | /s/ Xxxxxx X. Xxxxxx | |||||
Xxxxxx X. Xxxxxx, Its President and Manager |
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STATE OF
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West Virginia) | |||||||
COUNTY OF
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Xxxxxx), to-wit: |
The foregoing instrument was acknowledged before me this 2nd day of March, 2006, by Xxxx
Xxxxxx, President and Chief Operating Officer of NRP (Operating) LLC, a Delaware limited liability
company and the sole operating manager of ACIN LLC, on behalf of ACIN LLC, a Delaware limited
liability company.
/s/ Paddy Xxx Xxx | ||||
Notary Public | ||||
My commission expires: November 1, 2008
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[seal] |
STATE OF
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Virginia) | |||||||
COUNTY OF
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Washington), to-wit: |
The foregoing instrument was acknowledged before me this 1st day of March, 2006, by Xxxxxx X.
Xxxxxx, as President and Manager of ALPHA LAND AND RESERVES, LLC, on behalf of ALPHA LAND AND
RESERVES, LLC, a Delaware limited liability company.
/s/ Xxxxx X. Xxxxxx | ||||
Notary Public |
My commission expires: June 30, 2007
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