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<br /> <br />maintain buildings, shafts, pits, tunnels, roads, utilities and other Improvements, machineri <br />and equipment, and dumps and stxkpiles of coal and waste materials produced from the <br />Leased Premises during the term of this Lease. <br />2. Term. The teen of this Lease shall betwenty-five (25) years from the date <br />hereof, and so long thereafter az coal is mined in good faith in mmmeroial quantiti^s on <br />a continuous bazis from the Leased Premises. For this purpose, mining shall be do^_med <br />to be continuous so long az all s_ch operations do not cease for a period of more than <br />one hundred twenty (120) consecutive days. Coal shall be deemed to be mind in <br />commercial quantities if produced in an amount sufficient to yield a net profit retu-n in <br />excess of operating costs end taxes directly attributable to such production. The l,cssa <br />may not terminate this Lease during ifs twenty-five (25) year primary term without the <br />Lessors' consent. <br />3. Force MaJeure. When used in this Lease, 'Fora Majeurc' means any <br />cause beyond the control of the Lessee, including but not limited to acts of God, acts of <br />the public enemy, insutroctions, riots, labor disputes, labor or matenal shortage, fires, <br />explosions, floods, breakdowns of or damage to plants, equipmrnt or facilities, order or <br />acts of civil or military authority or of any body having jurisdiction and authority over the <br />les:,a or the Leased Premises, or other causes of similar nature which wholly or partly <br />prevent the mining or delivery of coal by the I-essee. <br />In the event of Fora Majeurc, the Lessor's duty to perform its obligations <br />under this Lease shall be suspended; provided, that such Forte Majeurc has ban in <br />effect for at least fifteen (15) consecutive days before any such suspension comes <br />effective and, in such event, the suspension shall be retroactive to the date the Force <br />Majeurc first arose. Notwithstanding anything herein to the contrary, no Force Majeurc <br />shall suspend the Lesscr.'s obligations to pay any money to the Lesson or to indemnify <br />and save the Lessors harmless in accordance with the terms of this Luse. <br />4. Production Royeky. Lesson hereby reserve to themselves, and Lessee shz!I <br />pay to Lessors, a nonparticipating production royalty for all coal mined and removed, and <br />sold, used or otherwise disposed of, from the Leased Premises in an amount equal ~ <br />one-eighth (1/8) of the 'Gross Proceeds' attributable to the one-fourth (1/4) undivide~: <br />2 <br />