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~~_ ~~ <br />F0~30•~ <br />a continuous basis from the Leazed Premises. For this purpose, mining shall be der~ed <br />to be: continuous so long az all such operations do not cease for a period of more :`gin <br />one hundred twenty (120) consecutive days. Coal shall be dcemed to be mina' in <br />commercial quantities if produced in an amount sufficient to yield a net profit morn in <br />excess of operating costs end fazes directly attrioutable to such production. The Lessee <br />may not terminate this Lease during its twenty-five (25) year primary term µit!~out the <br />Lessor's consent. <br />3. Force Metjeure. When used in this Leax, 'Force Majeure' means any rouse <br />beyond the control of the Lessee, including but not limited to xts of God, acts of the <br />public enemy, insutrc=lions, riots, labor disputes, labor or material shortage, fires, <br />explosions, floods, breakdowns of or damage to plants, equipment or facilities, erclers or <br />acts of civil or military authority or of any body having jurisdiction and authority +~•.~•r ",c <br />Lessee or the Leased Premises, or other causes of similar nature which wholly u+ f ~+ y <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 oblil.:•.i+~ns <br />under this Lease shall be suspended; prosided, 'hat such Force 1.lajeurc has been in r'f^ct <br />fur at least fiftcen (15) consecutive days before any s•~ch suspension comes effecti~.c .:•td. <br />in such event, the suspension shall be retroactive to the date the Force ~fajeurc fiat <br />arose. Notwithstanding anything herein to the contrary, no Force Majeure shall s:tsprnd <br />tie Lessee's obligations to pay any money to the Leswr or to indemnify and save the <br />Lessor harmless in accordance with the terms of this Ltaze. <br />4. Production Royalty. Lessor hereby reserves to himself, and [.csscr shall pay <br />to Leswr, a nonparticipating production royalty for all coal mined and rcmoscd, and x~ld. <br />used o; otherwise disposed of, from the L.cascd Premises in an amount equal to tmc• <br />eighth (I/8) of the "Gross Proceeds' attributable to the one-fourth (l;d) undisidcd cc,al <br />interest leased herein, whether mining occurs by underground, surface nr oth•_r mmutR <br />methods. <br />(a) With respect to hone fide arm's length tnnsactirms fn: the sage of c«iI. <br />Gross Proceeds shall mean the aggregate amount of consi/.eratian received or rece+sat+lc <br />by the Lessee:, directly or indiratly, for the sale of ccul f.o.b. the :ipplc car the south c~' <br /> <br />