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<br />ar, a~ <br />765 64@ <br />11. Lessor warrants and agrees to defend title to the <br />Coal Rights on, in and underlying the Leased Premises, and it <br />agrees that Lessee, at its option, after 30 days advance notice <br />to Lessor, may pay and discharge in whole or in part any taxes, <br />mortgages or other liens existing, levied or assessed on or <br />against the interest or title of Lessor in the Leased Premises. <br />In the event it exercises such option, Lessee shall be subrogated <br />to the rights of any holder or holders thereof and may reimburse <br />itself by applying to the discharge of any such mortgage, tax or <br />other lien, any payment accruing or coming due hereunder. <br />12. In case of suit, adverse claim, dispute or question <br />as to the ownership of the Coal Rights, or of production <br />royalties payable under this Lease, Lessee may suspend and <br />deposit in an interest-bearing account all production royalties <br />coming due from it under the terms of this Lease, and Lessee <br />shall not be deemed to be in default in not making such payments, <br />until such suit, claim, dispute or question has been finally <br />disposed of, and Lessee shall have 30 days after being furnished <br />with the original instrument or instruments disposing of such <br />suit, claim or dispute (or a certified copy or copies thereof), <br />or after being furnished with proof sufficient, in Lessee's <br />reasonable opinion, to settle such question, within which to pay <br />to the party or parties entitled thereto the suspended amount <br />(including interest earned thereon) and to resume those payments_ <br />Should the right or interest of Lessee hereunder be disputed by <br />Lessor, or any other persan, the time covered by the pendency of <br />such dispute shall not be counted against Lessee either as <br />affecting the term of this Lease or for any other purpose, and <br />Lessee may suspend and deposit in an interest-bearing account all <br />production royalties coming due under this Lease until there is a <br />final adjudication or other determination of such dispute, at <br />which time Lessee shall pay to the party or parties entitled <br />thereto the suspended amount (including interest earned thereon). <br />Nothing contained in this Section 12 shall authorize Lessee to <br />withhold payments due under Section 4 above until and unless <br />there has been a final determination of Lessor's non-entitlement <br />thereto_ <br />13. Lessee shall pay all taxes levied against the <br />Leased Premises and against any improvements or personal property <br />on or in the Leased Premises but shall be reimbursed by Lessor <br />for that portion of such taxes which Lessor would have been <br />obligated to pay on the Leased Premises if there were no lease or <br />mining operation. The term °taxes^ includes all general and <br />special ad valorem taxes, special assessments levied against the <br />Leased Premises, and all types of payments measured by the <br />production of coal or other ainerals or which result from <br />operations of Lessee, but does not include taxes upon income <br />-6- <br />