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B. The right to use or lease said premises or any part thereof at any time for any <br />purpose, including the right to explore; prospect, and develop said premises for <br />minerals other than coal, including oil and gas. The use and ]easing of said <br />premises shall be for purposes other than and not inconsistent with the rights <br />and privileges herein specifically granted. If it is determined that oil and/or gas <br />can be or is being produced from or under or above seams of coal or mine <br />development/operation azeas scheduled for mining or use on the ]ease premises <br />subject to this Lease, Lessor shall cause such oil and/or gas operations or <br />production to timely cease and/or desist, and any production facilities to be <br />removed and drill holes plugged and abandoned prior to the Lessee's mining or <br />use of such azeas, in accordance with applicable regulations in effect at the time. <br />C. The right at all times during the life of this Lease to go upon said premises and <br />every part thereof for the purpose of inspecting same, and the books of accounts <br />and records of mineral workings therein, and of ascertaining whether or not said <br />Lessee and those holding thereunder by and from it, are carrying-out the terms, <br />covenants and agreementsof this3,ease. <br />D. The right ai any time to dispose of, convey, or lease all or any part of the <br />surface above -the leased premises where.: Lessor is the surface.. owner; or to <br />-gram a'`right=of--way upon, over or "across aD or any part of the- ]eased <br />premises for any ditch, reservoir, railroad, coritmunicadon system; electric <br />powerline, pipeline, schoolhouse or other lawfiil ptirpose (collectively referred <br />to herein as ."grant° or'"grams").` Such grants shall be and shall expressly <br />state thaf they are, subject and subordinate to the rights of Lessee, including <br />Lessee's right to subside the surface of the premises, and shall provide that <br />any and:all damages caused"to any structures or improvements placed upon <br />the surface of the 'premises subsequent to the date hereof shall be repaired by <br />and at the expense of the, party to whom the easement or.right-of--way was <br />granted.. Any.grant of such rights shall expressly provide tliat they are not to <br />interfere with Lessee's rights hereunder, and, notwithstanding, should the <br />grant of such rights interfere with Lessee's rights hereunder, the grant shall <br />provide that the exercise, implementation or effeciiveness of the grant of such <br />rights shall be suspended, ceased and/or delayed until such time as there is no <br />interference with Lessee's rights. Provided that Lessor has complied with the <br />foregoing, and that a grantee, lessee or transferee is not an agent of Lessor or <br />is not acting at the direction or control of Lessor, if any right so granted is <br />deemed to interfere or otherwise hinder Lessee's rights due to an action or an <br />inaction of a grantee, lessee or transferee, Lessee agrees that any remedy at <br />law or in equity that Lessee may have will only be asserted or enforced <br />against grantee, lessee or transferee and not Lessor, and Lessee hereby waives <br />any and all rights and claims against Lessor occurring after the effective date <br />of the First Amendment and Extension Agreement, with regard to any act or <br />omission of any grantee, lessee, or transferee of Lessor. <br />Page 2 of 4 <br />