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60303 <br />maintain buildings, shafts, pits, tunnels, roads, utilities and othu improvements, machinery <br />and equipment, and dumps and stockpiles of coal and waste materials produced from the <br />Erased Premises during the term of this Lcasc. <br />2. Term. The term of this Lease shall be twenty-five (25) years from the date <br />hereof, and so long thereafter as coal is mined in good faith in commercial quantities on <br />a continuous basis from the Leased Premises. For this purpose, mining shall be dcr:.ted <br />to be continuous so long as all such operations do not cease for a period of more than <br />one hundred twenty (120) consecutive days. Coal shall to 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 lazes directly attributable to such production. The Lessee <br />may not terminate this Lease during its twenty-five (25) year primary term without the <br />Lessors' consent. <br />3. Force Mztijeure. When used in this Lease, 'Force Majeure' means any <br />cause beyond the control of the Lessee, including but not limited to acts of God, acts of <br />the public enemy, insurrections, riots, labor disputes, labor or matct•ial shortage, fires, <br />explosions, floods, breakdowns of or damage to plants, equipment or facilities, orders or <br />acts of civil or military authority or of any body having jurisdiction and authority over the <br />lesser 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 Force Majeure, the Lessee's duty to perform its obligations <br />under this Lease shall be suspended; provided, that such Force Majeure has bt•rt in <br />effect for at least fifteen (IS) consecutive days before any such suspension ct•mc•s <br />effective and, in such event, the suspension shall be retroactive to the date the rorce <br />hlajeure first arose. Notwithstanding anything herein to the contrary, no Force Majeure <br />shall suspend the Lessee's obligations to pay any money to the Lessors or to indemnify <br />and save the Lessors harmless in accordance with the terms of this Lease. <br />4, Production Roynlly. Lessors hereby reserve to themselves, and Lesser shall <br />pay to Lessors, a nonparticipating production royalty for all coal mined and removed, znd <br />sold, used or other.vise disposed of, from the Leased Premises in an amount equal to <br />one-cigluh (1~R) of the 'Gross Proceeds' attributable to the one-fourth (!/4) undivided <br />2 <br />