Laserfiche WebLink
<br />-,-. <br />~a <br />~~ ~~~ <br />765 b47c' <br />11. Lessor warrants and agrees to defend title to the <br />Coal Rights on, in and underlying the Leased Premises, and 1t <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 />Sn the event it exercises such option, Lessee shall be subrogated <br />to the rights o£ any holder or holders thereof and nay reimburse <br />itself by applying to the discharge o£ any such mortgage, tax or <br />other lien, a-xy pay=_ent accruing or coning due hereunder. <br />12_ Tn case of suit, adverse claim, dispute or question <br />as to the ownership of the Coal Rights, or o£ production <br />royalties payable under this Lease, Lessee say suspend and <br />deposit in an interest-bearing account all production royalties <br />coming due Eros it under the terms of this Lease, and Lessee <br />shall not be dewed to be in default in not na~cing such payments, <br />until such suit, claim, dispute or question has been finally <br />disposed of, and Lessee sha71 have 30 days after being furnished <br />with the original instrument or inst_runents disposing o£ such <br />suit, claim or dispute (or a certified copy or copies thereof), <br />or after being furnished -with proof sufficient, in Lzssee's <br />reasonable opinion, to settle such question, within w'r_ich to pay <br />to the party or pa_*-ties entitled thereto the suspended amount <br />(including interest earned thereon) and to res •*+ ;hose pay~ents_ <br />Should the sight or interest of Lessee hereunder be disputed by <br />Lessor, or any oth=_r persan, the time covered by the pendency of <br />such dispute shall not be counted against Lessee either as <br />affecting the tern o£ this Lease or for any other purpose, and <br />Lessee may suspend and deposit in an interest-:Dearing account all <br />production royalties coming due under this Leases until there is a <br />final adjudication or other determination of such dispute, at <br />which tine Lessee shall pay to the party or parties =_ntitled <br />thereto the suspended amount (including interest earned thereon). <br />Nothing captained in this Section 12 shall authorize Lessee to <br />withhold payments due under Section ? above until and unless <br />there has been a final determination oz Lessor's non-entitlement <br />thereto_ <br />13. Lessee shall any all taxes Sevied against the <br />Leased ?remises and against any improvements or personal property <br />on oz in the Leased Premises nut shall be reiabursed by Lessor <br />for that portion of such taxes which 1PSSOr would 'nave been <br />obligated to pay on the Leased Premises i£ there were no lease or <br />mining operation. The tern "taxes^ includes all general and <br />special ad valorem taxes, special assessments levied against the <br />Leased Premises, and all types o£ payments measured by the <br />production o£ coal or other minerals or hhich r_sult from <br />operations o£ Lessee, but does not include taxes upon incovae <br />-5- <br />