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2013-07-03_GENERAL DOCUMENTS - C1981008
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2013-07-03_GENERAL DOCUMENTS - C1981008
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Last modified
8/24/2016 5:22:11 PM
Creation date
11/15/2013 1:55:54 PM
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Template:
DRMS Permit Index
Permit No
C1981008
IBM Index Class Name
General Documents
Doc Date
7/3/2013
Doc Name
Settlement Agreement
Permit Index Doc Type
General Correspondence
Email Name
DAB
MPB
DIH
Media Type
D
Archive
No
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Notwithstanding any other provisions made in this Lease to the contrary, Lessee shall have <br />the right at any time, upon the basis of at least thirty (30) days advance written notice to lessor, to <br />terminate this Lease effective on December 31 of any year, but Lessee must pay to Lessor all <br />amounts, if any, due under the terms of this Lease to the day previous to the effective date of <br />termination <br />After expiration or termination of this Lease. Lessee shall have an additional ninety (90) days <br />during which Lessee shall have the right to re -enter the Property and remove all of Lessee's property <br />from the Property, and thereafter, as and when required by law, and until such time as Lessee is <br />released by all appropriate regulatory agencies,. Lessee shall have the right to perform reclamation <br />and environmental work on and respecting the Property, provided however, that reclamation and <br />environmental work shall be performed in a reasonable and timely manner after termination of the <br />tease <br />2 Royalties. Lessee shall pay to Lessor, as total payment for all of the benefits secured <br />by Lessee under of in connection with this Lease, the following .toyalties when and to the extent <br />stated, <br />_ (} Ad eL7� <br />a vane Ro . Absent: closure of the mine as described below, Lessee <br />sliall pay to Lessor advance rdyaity payments of $50,000 per year in years 1998 through 2003 (6 <br />years) and $100,000 per year in years 2004 through 2010 (7 years), with a final payment of $75;000 <br />in:y+aar 2011. if all payments are made; lessee shall pay Lessor $1,075,000 in advance royalties. <br />The first payment, for year 1 998, will be due within 30 days of the date of signing of the agreement <br />Subsequent payments will be due on the anniversary date of the signing of the lease 'The payments <br />will be for leasing surface and coal rights Notwithstanding the scheduled payments called for above, <br />any and ail advance royalty payments will cease if the mine is shut down, and Lessee shall have.no <br />further obligation to pay any advance royalties for periods subsequent to any shutdown If, at the time <br />of a shutdown, Lessee has mined more tons of coal than it would be entitled to mine based on <br />royalties of $1.40.perton, any shortage computed on the basis of $140 per ton will be paid by Lessee <br />in a lump sum within sixty days after the shutdown <br />(b) Production Royal 1 he advance royalty payments are payments, in advance, <br />,.•., forthe %coal produced from Lessor's property, at the rate of $1 40 per ton. Lessee will only pay <br />
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