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• 10.2 survival of Obligation for Taxes. In the event of <br />the termination of this Lease for any reason, irrespective of <br />any provisions contained above, if any taxes as specified <br />above have accrued but are not then payable, Lessee shall <br />remain responsible for the payment of its portion thereof, <br />calculated in the manner as set forth above. <br />10.3 Assignment. Lessee shall have the right to assign <br />this Lease, in whole or in part, to sublease all or portions <br />of the Leased Premises and to engage contractors for the <br />fulfillment of its obligations hereunder; provided, however, <br />that no such assignment, sublease or engagement of contractor <br />shall relieve Lessee from liability and responsibility for <br />the performance of the duties imposed upon the Lessee <br />hereunder, unless Lessor shall give written consent thereto <br />and enter into a written novation releasing Lessee. Lessor <br />agrees that it will not unreasonably withold such consent and <br />novation if an assignment of the Lease is proposed to be made <br />to a reputable mining company having a financial worth and <br />• reputation in the industry which is satisfactory to Lessor. <br />ARTICLE XI <br />FORCE MAJEURE <br />11.1 If and so long as government restrictions, <br />inability to obtain permits, coal sale contracts, licenses <br />and governmental approvals, war or the results thereof, labor <br />disturbances, acts of God or the elements, or any cause, <br />whether or not like those enumerated, beyond, the control of <br />Lessee, shall substantially interfere with or prevent <br />Lessee's exploration, development or mining of the Leased <br />Premises or the transportation and sale of coal therefrom, or <br />while litigation contesting the rights and titles of Lessor <br />shall be pending and undetermined, Lessee, without impairment <br />of its rights hereunder, shall be excluded from performance <br />hereunder exccept for payments (inclusive of the first <br />• thereof payable at the execution of this Lease) as required <br />Section 3.1 above, payment of taxes as specified in Section <br />10.1 above, and payment of Production Royalty on coal <br />11 <br />