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costs and expenses of a partition action pursuant to Section 22(b), Lessee may recoup the <br /> costs and expenses Lessee has paid to cure and correct such title objections or in such <br /> partition action. <br /> (i) To the extent Lessee is entitled to recoup any amount under <br /> the previous Subsections of this Section, Lessee may recoup such amount against future { <br /> minimum annual royalty or tonnage royalty payments otherwise due and owing by notice <br /> to Lessor, at any time or from time to time as Lessee in its sole discretion shall determine. <br /> (j) In addition to its right to recoup any amount under this <br /> Section, Lessee shall have the right to exercise any other remedies Lessee may have with <br /> respect to Lessor's obligation to pay or to perform. <br /> 15. Weights. All tonnage royalty for coal mined, sold and removed <br /> from the Leased Premises and shipped by rail or water transportation shall be paid for by <br /> Lessee on the basis of railroad or barge weights as the case may be. Coal shipped by <br /> truck or conveyor or by other than rail or water transportation, or used by Lessee for its <br /> own purposes, shall be weighed by Lessee on accurate scales which shall be inspected <br /> and approved as accurate by a qualified agency. <br /> Where, in the course of its mining operations, Lessee commingles coal <br /> mined from the Leased Premises with coal mined from other lands, it shall maintain an <br /> accurate system to determine the amount and weight of coal mined from the Leased <br /> Premises (with proper adjustment for unmarketable material). It shall be the <br /> responsibility of Lessee to determine the percentage of the blended coal attributable to(a) <br /> coal mined from the Leased Premises, and (b) coal mined from lands other than the <br /> i <br /> {L0406980.10) <br /> 12 <br />