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payments of tonnage royalty exceed the amount which would have been paid had the <br /> payments been based on the actual interest owned. <br /> (e) In the event that by a court decree (after exhaustion of <br /> appeals) or by agreement of the parties hereto it is determined that an adverse claim on <br /> either the interests hereby leased by Lessor or royalties payable hereunder by Lessee is i <br /> valid and such adverse claims is of such nature that Lessor does not have sufficient title <br /> to such portion of the Leased Premises to permit Lessee's mining of the coal therein, <br /> Lessee may recoup the amount of royalties Lessee has paid to Lessor on coal mined in <br /> such portion Lessee to the extent the Lessee pays such amount to the party asserting the <br /> adverse claim in settlement thereof, <br /> (f) To the extent that surface rights in or to a portion of the <br /> Leased Premises are reasonably required, and not merely preferred, in order to use the <br /> Leased Premises for processing plants, haul roads or other purposes in connection with <br /> the mining and removal of coal from the Leased Premises by underground mining <br /> methods, Lessee may acquire such surface rights upon commercially reasonable terms <br /> and deduct the amount of any royalty or other amount payable for such surface rights <br /> from annual royalty or tonnage royalty payments otherwise due and owing. <br /> (g) In the event Lessor is obligated to pay any Lessee <br /> Indemnified Parties any amount under the indemnification provisions of Section 18(b), <br /> Lessee may recoup such amount. <br /> (h) In the event Lessor is obligated to pay the costs and expenses <br /> of curing and correcting any objections to title pursuant to Section 22(a) or to pay the <br /> (L0406980,10) <br /> 11 <br /> i <br />