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<br />~:Q~3Ut <br />pit, underground, strip, auger or any other method), transport, remove and markU all <br />coal leased herein; and to the extent [xcsnrs have nr may have the right and title to <br />grant and lease such rights, the right to use as much as the surface of the Leased <br />Premises as may he necessary or reasonably convenient in the exercise of the rights <br />granted by this Lease, including the right to construct, install, locate, operate and maintain <br />buildings, shafts, pits, tunnels, roads, utilities and other improvements, machinr.ry and <br />equipment, and dumps and stockpiles of ccal and waste materials produced from the <br />l.cased Premises during the term of this Lease. <br />2. Term. l'I~e term of this Lease shall be twenty-five (25) yean from the date <br />hereof, and so long thereafter es coal is mined in good faith in commerctal' quantities on <br />a cortinuous basis from the I.cascd Premises. For this purpose, mining shall be deemat <br />to he continuous so long as all such operations do not cease for a period of more than <br />one hundred twenty (I~0) consecutive days. Coal shall be deemed to be mined in <br />• commercial quantities if produced in an amount sufficient to yield a net profit return in <br />excess of operating costs end taxes dirtetly attributable to such production. The Lessee <br />may not terminate this Lease during its twenty-five (25) year primary term without tie <br />Lessors' consent. <br />3. Force A1~eure. 1b'hen used in this Luse, "Force Majeurc` means any cause <br />beyond the control of the Lessee, including but not limited to acts of God, acts of the <br />public enemy, insurrections, riots, labor disputes, labor or material shortage, fires, <br />ezptosions, floods, breakdowns of or damage to plants, equipment or facilities, Orden er <br />acts of civil or military authority or of arty body having jurisdiction and authority over the <br />I lessee or the l.eascd Premises, or other causes of similar nature which wholly or partly <br />prevent the mining or delivery of coal by the Ixssee. <br />In the event of Force Afajeure, the Lessee's duty to perform its obligatio~•s <br />under this Lease shall he suspended; provided, that such Force M~jeure has been in <br />effect (or at least fifteen (1S) consecutive days before any such suspension comes effective <br />and, in such event, the suspension shall be retroactive to the date the Force Majeurc first <br />• arose. Ntdwi~hstand;ng anything herein to the :ontrary, no Force Majeurc shall suspend <br />the I,cssce's obligations to pay any money to the i.essors or to indemnify and save the <br />2 <br />