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• go into bankruptcy, o[ be adjudicated a bank rapt pursuant to en•Snvoluntary petition, or file an application under Chapter % ' I of the Bankruptcy Act or an snswer admitting the ellegatlons. of en application filed by others thereunder, or shell voluntarily qo into, or shall suffer or permit a ieceiver- . ~ i ship of its or their property, then, and in such event, this '~ ~ ~ Leese shall forthwith automatically terminate without any _. .. t - ~ .. .. I ' -^ notice or demand whatever; and thereupon the Lessor may at once re-enter and take possession of the 'leased coal and the Property es its absolute property and expel the Lessee therefrom and those holding under it without any further notice whatsoever, all without liability to the Lessee for any injury or damage thereby caused to the Lessee. The Lessee hereby expressly waives and releases any and every claim for any such injury or damage. ARTICLE 2~ - Surrender of the Leased Premises Lessee shell have the right on January 1 of any year during the term hereof, upon not less than ninety (90) days' prior written notice to Lessor, to surrender the leased coal and the Property in whole or in part to Lessor by delivering or mailing a Release thereof to the Lessor and by placing said Release of record in the county in which the Yro?arty is situated. Thereupon Lessee shall be relieved of all obligations, express or implied, of this Lease with respect to that part of the Property released and surrendered except far those obligations accrued as of the effective date of surrender, for the payment of royalties and taxes and reclamation and restoration of the surface and removal of equipment, plant and machinery; provided, however, that e~ partial surrender of the leased coal and Property shall not reduce the amount of royalty, including advance minimum royalty, to be paid hereunder and under the Ancillary Agreement. - 27 - (Rev. 5/86)