2016-01-26_REVISION - C1982056 - Laserfiche WebLink

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4. in Exhibit "A" and any and all structures which may be located thereon, during the term of this Agreement. b. Twentymile will pay to Surface Owner an annual payment beginning on the first anniversary of this Agreement of per year, payable on or before each armiversary of the Agreement. The annual payment shall increase three (3) percent each year beginning with the second anniversary of this Agreement. In the event the Agreement is terminated prior to the end of the then current annual tenni hereof and Twentymile is not then in default hereunder, the armual fee for such term shall be prorated accordingly. Tenant. Twentymile aclulowledges Stu -face Owner has tenant(s) residing in the house(s) located on the Lands. Surf ceM er ma re nest, i writing, a pre -mine C ��,y�i�� survey of the residence, and water well. fit is determined the house must be temporarily vacated during undermining, Twentymile agrees: a. Pay directly to Surface Owner's tenant(s) an amount equal to the monthly rental only of the substitute housing unless and until Surface Owners tenant(s) are allowed back into the residences and vacate the substitute houses or fail or refuse to return to Surface Owner's residence after Twentymile determines it may be reoccupied or this Agreement terminates, whichever occurs first. Surface Owner's tenant(s) shall be responsible for the acquisition and payment of renter's insurance and all utilities, including telephone, trash collection services and water utilized by Surface Owner's tenant(s). 5. Allowed Uses/Restrictions. a. Twentymile, its employees, agents, licensees, invitees, contractors, subcontractors, successors and assigns have the right and privilege to enter upon, tluough, tinder, over and across the Lands, together with the right to construct, maintain and use on or within the Lands all structures, equipment or facilities which may be necessary to support Twerrtymile's activities on and under the Lands for the purpose of. (i) subsiding the surface of the Lands and any and all structures located in, on or under the stuface of the lands; (di) the making of repairs to the surface of said Lands and any and all structures, including nvater nvells and septic systems, located in, on or under the siuface of the Lauds, as may be needed or required and tivhich is/are a direct result of subsidence due to the underground alining operations of Tiventyntile; (iii) prohibiting the construction or placement of rhvellings and occupancy thereof,, wells and septic system nvithin the boundary of the Lands from the effective date of this Agreement and for a period of one (I) year after the cessation of longwall equipment operations underneath the Lands, (iv) surveying; (v) conducting environmental studies as Tivenowdle may desire, including, but not limited to, vegetation and soil sampling and mapping, hydrologic investigations, cultural resources survey and mitigation (if necessary), engineering studies and geologic