2016-12-02_PERMIT FILE - C1984065A

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Y = royalty due lessor on production sold from the Unitized Premises • R = royalty rate as specified according to in Section 43(a) of this Lease T = tots of Coal production sold from the Unitized Premises during the computation period P = estimate of Coal available for mining from the Premises pursuant to Schedule 2 U = estimate of Coal available for mining from the Unitized Premises pursuant to Schedule 2. 4.4 Lesser Interest . If Lessor owns a lesser interest in the Coal within the Premises than the entire and undivided interest therein, then, all payments due under this Lease to be paid to Lessor shall be only in the proportion which Lessor's interest bears to the entire and undivided interest in the Coal within the Premises and in accordance with the nature of the estate of which Lessor is seized. The provisions of this paragraph shall apply whether or not this Lease purports to cover the whole or a fractional interest in the Coal estates. If, where Lessor owns a lesser interest than the entire and undivided surface or Coal estate of the Premises, Lessor subsequently acquires any portion of such previously unowned interest while this Lease remains in force, such surface and Coal interests shall be automatically made subject to this Lease, and all payments due under Ns Lease shall be increased proportionately, where appropriate, following the acquisition by Lessor of the additional interest. Lessor agrees to notify Lessee in writing upon acquisition of any such additional interest in the Premises or in the Unitized Premises at least forty-five (45) days before any such payments become due, or Lessee will not be required to increase the payments until the following payment date. • 4.5 Logistics of Payments (a) Payment Schedule. Production royalties shall be paid to Lessor within thirty (30) days after the last calendar day of the calendar month during which the Coal upon which said production royalties are payable was sold. Payments shall be made directly either by mailing or delivering same to Lessor at the address first stated in this Lease. • (b) Assignments of Interests. Notwithstanding any actual or constructive knowledge of or notice to Lessee, no change or division in ownership of the Premises, minimum royalties, or other payments, however accomplished, shall be binding upon Lessee (except at Lessee's option in any particular case), until sixty (60) days after Lessee shall have been furnished with a certified copy or photocopy of the recorded instrument or instruments evidencing the change or transfer, including any intermediate transfer from Lessor or its successors or assigns not theretofore furnished to Lessee, and such change or transfer shall not affect any payments made prior to said date, whether or not due. No change or division in the ownership of the Premises, minimum royalties, royalties, or other payments shall operate to increase the obligations or diminish the rights of Lessee. No division of royalties or other payments shall be made effective except at the end of the calendar month. If the ownership of minimum royalties, royalties, or other payments becomes changed into separate, divided portions of said Premises, Lessee may pay such minimum royalties, royalties, or other payments to the separate owners jointly or may suspend payment until such time as said separate owners shall agree in writing upon the apportionment of such minimum royalties, royalties, or Other payments, and furnish lessee with a certified copy or photocopy of the recorded instrument or instruments evidencing such agreement. In the event of assignment of this Lease as to a segregated portion or portions of the Premises, all minimum royalties payable hereunder shall be apportionable as between the several leasehold owners on a proportionate basis according to the acreage area of each, and default in the payment of one shall not affect the right of other leasehold owners hereunder. Es