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2. Applicable for the 1a Extended Term granted herein, Pazagraph ], Advance Minimum Ro al , as set forth on page 3 of the Lease, shall be amended in its entirety to read as follows: ADVANCE MINIMUM ROYALTY -- As minimum and advance royalty, without relation to the amount of coal mined from the Leased Premises, Lessee shall pay annually in advance to Lessor the following amounts: LEASE YEAR 2002 thru 2012 AMR $10.00/Acre Royalty due for coal produced from the leased premises shall be credited against (i) any advance minimum royalty payment made under this Lease for the 1~` Extended Term (i.e., the above referenced lease yeazs 2002 thru 2012), and (ii) any unrecouped advance minimum royalty payments made under this Lease CO 3182 prior to the 1~ Extended Term. In the event Lessee does not extract coal from the leased premises during the l~ Extended Term or any additional term so agreed to by Lessor, the minimum amounts above paid to the Lessor will be forfeited. Acreage changes resulting from partial surrender or partial assignment shall reduce the rental proportionately. Further, at the end of each ]0-yeaz period, commencing from the effective date of the First Amendment and Extension, Lessor may reasonably change the rate or amount of advance minimum royalty to be paid by Lessee; provided, however, any increase in the rate or amount of the advance minimum royalty shall not be greater than the increase, if any, between each such ] 0th yeaz and each preceding yeaz in the Producer Price Index, Table 5, Coal Mining, as first published by U.S. Department of Labor Bureau of Labor Statistics. In case of assignment of this Lease, all advance minimum royalty paid to the Lessor shall be carried forwazd and credited to the new assignee. 3. Applicable for the In Extended Term granied'nerein, Paragraph 22, Hold Harmless, as set forth on page 8 of the Lease, shall be amended in its entirety to read as follows: 22. HOLD HARMLESS -- Lessee shall indemnify Lessor against all liability and loss, and against all claims and actions, including the defense of such claims or actions, based upon or arising out of damage or injury, including death, to persons or property caused by or sustained in connection with Lessee's actions under this Lease '= or by conditions created thereby, or based upon any violation of any statute, ordinance, or regulation by Lessee. _' ,. Page3 of4