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<br /> <br />BY, pG <br />755 539 <br />forth in Section 3 above: (1) the amounts paid pursuant to <br />paragraph (a) above, and (2) to the extent due and payable on or <br />before April 18, 1999, the amounts paid pursuant to paragraph (b) <br />above. <br />5. The suspension or cessation, in whole or in part, <br />of the mining operations, or the delay, hindrance or prevention <br />of the time for performance of any other act to be performed by <br />Lessee caused by any event or circumstance beyond the reasonable <br />control of Lessee which could not have been avoided by it by the <br />use of due diligence, such as acts of C-od, fire, explosion, <br />flood, severe weather, strike or labor differences, failure or <br />breakdown of machinery or equipment, inability to obtain <br />necessary materials, supplies or labor interruptions in delivery <br />or transportation, shortage of railroad cars, insurrections or <br />mob violence, regulations, orders or requirements of the <br />government, embargoes, war or other disabling causes, whether <br />similar or different, shall not adversely affect nor terminate <br />Lessee's rights and interests hereunder, nor constitute non- <br />performance or breach by Lessee of the duties hereunder. The <br />time allowed or prescribed for performance of any act or <br />obligation affected by any such event or circumstance shall be <br />extended a period equal to the extent of such delay, hindrance or <br />prevention; provided that this Section 5 shall not be deemed to <br />permit any delay in Lessee's obligation to make payments due <br />under either Section 3 or Section 4 above. <br />6_ Lessee shall indemnify, save and hold harmless <br />Lessor, its directors, employees and other representatives, from <br />any and all damages caused by Lessee's operations in prospecting <br />for and mining coal on the Leased Premises, or by Lessee's <br />exercise of any other rights granted expressly or impliedly by <br />this Lease, including easements and surface rights_ Lessor shall <br />not have the right to collect damages for the sterilization of <br />part of the reserve, to the extent that such sterilization <br />results from the application of reasonable and prudent mining <br />principles by Lessee. In the event any operations are conducted <br />by Lessee on or under the Leased Premises, Lessee agrees to <br />perform said operations in a good and workmanlike manner, and <br />Lessee further agrees to comply fully with and to abide by all <br />applicable federal and state laws and applicable rules, <br />regulations and orders of all governmental authorities having <br />jurisdiction over such operations. <br />Lessee shall Further indemnify, save and hold harmless <br />Lessor, its directors, employees and other representatives, from <br />and against any and all environmental liabilities resulting from <br />the operations of Lessee on, under or in the vicinity of the <br />Leased Premises, including without limitation liabilities <br />resulting from any subsidence of the surface of the Leased <br />Premises. Lessor acknowledges that Lessee shall have complete <br />discretion in addressing and resolving all environmental issues <br />in any way related to this Lease. <br />-~"- <br />