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<br />term hereof, notices upon the above-described property, that <br />the interest of FIRST PARTY shall not be subject to any lien <br />of any person for the erection, construction, alteration, <br />removal, addition, repair, development or other improvement <br />in the form of labor, material, machinery and fixtures placed <br />in or upon said premises by said SECOND PARTY or for its <br />benefit. Nothing in the above shall be construed to make <br />SECOND PARTY liable for any taxes or license fees resulting <br />from any activity of FIRST PARTY upon the above-described <br />premises, including, but not limited to, any mining operations <br />conducted by FIRST PARTY, or any improvements made or placed <br />on the above-described premises by or under FIRST PARTY. SECOND <br />PARTY shall be liable for any taxes associated with the sub- <br />leased coal mining rights, as well as any taxes assessed against <br />personal or real property related to such mining rights. <br />(d) That SECOND PARTY shall protect and defend FIRST <br />PARTY from any claim or liability arising or damages claimed <br />by any third person for injury to person or property in the <br />course of such mining operations or resulting from the negli- <br />gence of SECOND PARTY, its agents, servants and employees, <br />except where such liability arises or damages are claimed as <br />the result of FIP.ST PARTY's operations or FIRST PARTY's negli- <br />gence. <br />(e) That all mining and related operations of SECOND <br />PARTY shall be subject to inspection by authorized representa- <br />tives of FIRST PARTY who shall have the right, at all reason- <br />able times, to enter into and upon SECOND PARTY's Mine workings <br />and examine the same at their own risk and expense. <br />(f) That SECOND PARTY will place no mortgage, lien, or <br />encumbrance whatsoever upon the lands held under this agree- <br />ment, without the written consent of FIRST PARTY first had and <br />obtained, and shall not permit any just claim to be filed <br />5 <br />~~. <br />Y <br />\ _ ~ _ _ _ _ _ <br />