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t ! ~ - ~.. <br />.; ~ If it is determined that Lessor owns an interest <br /> <br /> in said leased coal which is less than the entire end undivided <br /> fee simple therein, then the annual advance minimum royalty <br /> • shall be reduced proportionately. <br /> • ARTICLE 32 - Other Products <br /> • Zn the event Lessee sells or uses for its own <br /> purposes other than in mining, removing and shipping o! the <br /> leased coal, any refuse, minerals, strata or any other <br /> . products from the Property, Lessee shall first notify <br /> Lessor, and both parties shall agree upon a royalty to be <br /> paid to Lessor for said refuse or products. In the event <br />~' the parties shall fail to agree on said royalty within <br /> thirty (30) days of said notice, the amount of such royeltp - <br />~' ~ shall be submitted to arbitration in accordance with Article 25 <br /> hereof.• ~ ~ •~ <br /> ARTICLE 33 - Finality <br /> <br />• This written Agreement (including the Ancillary <br />~ ' Agreement) constitutes the complete and exclusive Agreement <br /> ~ of•the parties. This Agreement shall not be amended or <br /> modified, and no waiver of any provision hereof shall be <br />• i effective, unless set forth in a written instrument authorized <br /> and executed with the same formality as this Agreement. <br /> ARTICLE 34 - Execution <br /> This lease is executed in two counterparts; each <br /> copy of which shall be treated as an original, and it and <br /> all of its terms and conditions, shall be binding upon and <br /> shall inure to the benefit of the parties hereto, their <br /> successors and assigns; however., the foregoing clause shall <br /> not be construed as permitting an assi g~unent of this lease, <br /> except as hereinabovc+ expressly provided. <br />- 31 - (Rev. 5/86) <br />