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I Cgm d en satiarr. <br />a. Cyprus agrees that it will pav Surface Owner, at its address shown below, <br />the sum of J per acre on or before the effective date <br />of this Agreement as Tni is consideration for the rights and privileges <br />granted herein to Cyprus, including, but not limited to, the right to subside <br />and repair the Lands as described in Exhibit "A" and any and all structures <br />which may be located thereon, during the term of this Agreement. <br />b. Pay to Surface Owner an annual base fee or <br />per year (the "Base Fee`" , -which snan wo Narawoo is <br />one (1) lump sum payment on or before each anniversary of this <br />Agreement. In the event the Agreement is terminated prior to the and of <br />the then current annual term hereof and Cyprus is not then in default <br />hereunder, the annual fee for such term shall be prorated accordingly. <br />c. Beginning August 1, 1996 and on the same month and day of each year <br />thereafter for the remainder of the term of this Agreement, the annual fee <br />shall be adjusted (the "Adjusted Fee ") to compensate for inflation or <br />deflation, but in no event shall the annual fee be less than the Base Fee <br />stipulated in paragraph 3(b) above. For the purpose of calculating the <br />Adjusted Fee, any and all adjustments to the Base Fee, as contemplated <br />herein, shall be noncumulative. Adjusted Fee shall equal the Base Fee <br />multiplied by the Inflation Factor, where: <br />Inflation Factor = 1 + Myrrent GDPIPD - Base ODPIPDI <br />Base GDPIPD <br />Current GDPIPD = The most recently available quarterly value for the <br />Gross Domestic Product Implicit Price Deflator as <br />published by the U.S. Department of Commerce, <br />Bureau of Economic Analysis. <br />Base GDPIPD = The base value for the Gross Domestic Product Implicit <br />Price Deflator is herein taken to be the 1st Quarter, <br />1995 value of 127.6. <br />In the event that the Gross Domestic Product Implicit Price Deflator ceases <br />to be a recognized measure of inflation and deflation for the purposes in <br />mind, another index reasonable acceptable to the parties shall be <br />substituted. <br />d. Surface Owner and Cyprus agree that the tenant(s) residing in the house <br />located on the Lands will be given six (61 months prior written notice of <br />Cyprus` intent to commence underground longwall mining operations <br />beneath the Lands. Said tenant(s) shall be required to vacate the house and <br />cos"lmia.00SM9 .2- <br />