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<br />c. t~'ith respect to any period when Production Royalties are earned by <br />or are payable to Arness hereunder, if requested by Arness, Durango shall deliver to <br />Arness once each year a certificate signed by Durango, by a financial officer of Durango, <br />or Durango's independent certified public accountants showing its computation of Gross <br />Proceeds of Mining for federal income tax purposes for its preceding tax year. <br />ARTICLE III <br />TITLE <br />3.1 Covenants. <br />a. Privately Owned Land. Arness covenants and represents that Arness <br />is the owner or the Iessee or subleasee from the sole owners (in fee simple) of the <br />Property and Arness holds such ownership, leases and subleases free and clear of liens, <br />encumbrances, defects in title and conflicting claims or interest, except as described <br />ir. recorded grants, leases or subleases and in Exhibit B. Arness further covenants and <br />represents that Arness has the lawful right, power and authority to enter upon the <br />Property to explore for, develop, mine, sell and' deliver coal thereon and thereon and <br />therefrom end, as to some of the Property, to explore for, develop, sell and deliver <br />oil, gas and other minerals, and to enter into this agreement and that Arness, its <br />successors and assigns, hereby warrant to and will defend Durango, and successors and <br />assigns of Durango in quiet and peaceable possession of the Property, for the uses and <br />purposes of this agreement, against all parties lawfully claiming or attempting to claim <br />the whole or any part thereof while this agreement remains in effect. <br />n <br />~J <br />s <br />