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5. (_laths Reserved by Surface Owner. Surface Owner is actively engaged in <br />agricultural and /or recreational operations on or within the vicinity of the Lands <br />and Surface Owner, in connection with its agricultural and /or recreational <br />operations, hereby specifically reserves unto itself, its successors and assigns <br />the following described rights: <br />a. Surface Owner shall have the continuing right to capture and divert all <br />waters of every nature whatsoever at any time existing upon the Lands, <br />including, but not limited to, stream flows, flood flows, waste waters <br />and percolating waters upon such Lands; <br />b. Surface Owner shall have the continuing right to use all existing roads <br />crossing any portion of the Lands for ingress and egress to and from <br />any and all lands contiguous to and which are owned or controlled by <br />Surface Owner; <br />c. Cyprus' rights to use the surface of the Lands under this Agreement are <br />non - exclusive and expressly subject to Surface Owner's right to use and <br />occupy, and to permit others to use and occupy, the Lands or any part <br />thereof for pasturing of animals and haying, hunting, fishing and other <br />recreational uses of all kinds, or for any other purpose not inconsistent <br />with Cyprus' rights hereunder, together with all rights reasonably <br />necessary to those purposes. Cyprus' rights hereunder shall be <br />exercised so as not to unreasonably interfere with Surface Owner's <br />interests, and Surface Owner shall exercise such rights so as not to <br />unreasonably interfere with the activities of Cyprus permitted <br />hereunder, and <br />d. Surface Owner shall have the continuing right to conduct its ongoing <br />agricultural and /or recreational operations upon the Lands, which use <br />shall not be considered or construed to be an unreasonable interference <br />with Cyprus' operations upon or underneath the Lands nor a breach of <br />Surface Owner's express or implied covenant of quiet enjoyment. <br />6 Q_#teft . During the term of this Agreement, Cyprus shall be solely liable for <br />making all repairs to the Lands and any structures located thereon necessitated <br />by Cyprus' (a) surveying; (b) environmental, engineering and geologic <br />investigations; and (c) removal of coal from beneath the surface of the Lands. <br />Cyprus shall be responsible for the cost of all repairs made by it in accordance <br />with this Agreement. All repairs shall be done in a workmanlike manner by <br />Cyprus to Surface Owner's reasonable satisfaction; however, prior to the <br />commencement of and following the completion of any repair work, Cyprus <br />shall notify Surface Owner of such in order to allow a representative of Surface <br />Owner to be present during and after such work has been completed by Cyprus. <br />Cyprus shall not be obligated to perform repairs to the Lands or any structures <br />located thereon beyond that which may be necessary to restore the Lands or <br />cosubssid.006tltg - 6 - <br />