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(iQ~30~ '1... <br />pit, underground, scrip, auger or any other method), transport, rcmuve and market all <br />coal leased herein; and to the e.stent Lessors have or may have the right and title to <br />grant and lease such rights, the right to use az much az the surface of the Leased <br />Premises as may be necessary or reasonably convenient in the exercise of the tights <br />granted by this Lease, including the right to construct, install, locate, operate and maintain <br />huildings, shafts, pits, tunnels, road:, utilities and other improvements, machinery and <br />equipment, and dumps and stockpiles of coal and wazte materials produced from the <br />[.eased Premises during the term of this Lease. <br />2. Term. The term of this Lease shall betwenty-five (ZS) years from the date <br />hereof, and so ong [hereafter az coal is mined in good faith in commercial quantities on <br />a continuous t.as:s from the Leased Premises. For this purpose, mining shall be darned <br />to he continuous so long as all such operations do not cease for a period of more than <br />one hundred :uenty (120) consecutivt days. Caal shall be deeme.: to be mined in <br />commercial quantities i( produced in an amount sufficient to yield a net profit return in <br />excess of operating costs end razes dirutly an ibutable to such production. 'ilie L;ssee <br />mas not terminate this Lease during its twenty-five (25) year primary term without the <br />1_essors' conxm. <br />3. Force Majeure. R'},cn used in this Lease, 'Fora Majeure' means any cause <br />bcscmd the con!rol of the Lessee, including but not limited to acv of God, acts of the <br />public enemy. insurrections. riots. labor disputes, labor or matmal shortage, furs, <br />explosions, floods. brealcdow~ns of or damage to lilants, equipment or facilities, orti,_•s r- <br />ar;s of civi; or military authorty or of any body having jurisdiction and authority ovr ~ the <br />leaxe or the Leased Premises, or other causes of similar nature which wholly or partly <br />prevent the mining or delivery of coal by the Lessee. <br />In the event of Fora Majeure, the Lessee's duty [o perform i:s obligations <br />under this Lease shall be suspended: provided, chat such Fora Majeure has ban in <br />effect (nr at least fifteen (IS) cor.sautive days before any such suspension comes effective <br />and. in such event, the suspfnsion shall be retroactive to the dale the Force Majeure first <br />arose. 'JotM•ithstanding anything herein to the contrar}, no Fora Majeure shall suspend <br />the Lcssce's obligations to pay any money to the I-essors or to indemnify and save the <br />2 <br />