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4. Permits. Lessor shall use commercially reasonable efforts to obtain <br /> the transfer from Peachtree Ridge Mining Inc. to Lessee of the permit or permits issued <br /> by the State of West Virginia for the preparation plant or plants located on the Leased { <br /> Premises. If Lessor is unable to obtain their transfer to Lessee within twelve (12) months <br /> after the Effective Date of this Lease, Lessee may terminate this Lease within thirty (30) <br /> days after the expiration of such period by written notice to Lessor. <br /> 5. Rights. Without limiting the generality of the grant of mining rights <br /> and privileges by Section 1, and subject to any limitations of record upon Lessor's right <br /> to grant such rights to Lessee, Lessor has granted Lessee by Section 1 the right to <br /> exercise all of the mining and other rights in and to and appurtenant to and connected <br /> with the coal in the Leased Premises which may be necessary or convenient in connection <br /> with Lessee's mining operations hereunder, including(a)the right to mine the coal by all <br /> mining methods now existing or hereafter developed, including surface mining methods <br /> (including contour strip mining, mountaintop removal, area mining, and highwall mining) <br /> and underground mining methods (including room and pillar and longwall mining <br /> methods) in and from any and all seams of coal in, on and underlying the Leased <br /> Premises; (b) the right to transport and process coal through, over, on and under the <br /> Leased Premises in conjunction or pursuant to Lessee's operation on the Leased Premises <br /> or on any other lands operated by Lessee and which constitute an extension of mining <br /> operations conducted under this Lease; (c) the right to use so much of the surface of the <br /> Leased Premises as Lessee may reasonably require for the construction, maintenance and <br /> operation of mining structures, processing plants, buildings, roads, power lines, water <br /> (L0406980.10) 3 <br /> f <br />