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13.9 Force 'ta jcure. <br />• <br />a. Commencing with [hc last pn~;ncnt to be made <br />by Arnccs under Section 2.7 (b) liczeof, and tlicreafter, <br />Arness shall not be liable or in default and cr any provisions <br />of this sublease for failure to perform any of its obligations <br />hereunder during periods in which performance is prevented <br />by any causes reasonably beyond Arness' control, which causes <br />hereinafter are called "force majeure". For purposes of <br />this lease, the term "force majeure" shall include, but <br />shall not be limited to, fires, floods, windstorms, and <br />other damage from the elements; striY,es, war, insurrection, <br />mob violence, riots; interference, action, legislation or <br />regulation by governmental or military authority, including <br />a requ.ir event by such authority that an environmental impact <br />statement, plan of operation or similar statement or document <br />be prepared or approved; litigation; acts of God or acts of <br />the public enemy. The duration of this Sublease and of the <br />time for pa}Tnents, completion of performance by Arness of <br />itc ri~!:t=, cbli; atie^s a.^.a opt'_o.^.s under this ).ease shall <br />be extended for a period equal to the period of disability <br />as a result of the event of force majeure, provided Arness <br />gives Energy Capital written notice of the existence of the <br />event of force majeure under this Section 13.9. All periods <br />of force majeure shall be deemed to begin at the time Arness <br />stops performance hereunder by reason of force majeure, <br />provided that at such time Arness shall have developed a <br />mine capable of producing 60,000 tons of coal per year. <br />Arness agrees, however, to use reasonable diligence to <br />remove any such force majeure as may occur. <br />b. In the event of a force majeure as defined <br />herein which occurs prior to the last payment under Section <br />2.3 (b) hereof, Arness shall only be entitled to whatever <br />rights Energy Capital may have under the private leases, <br />• provid cd however, that none of the pa}nnenC s. to Energy Capitnl <br />under 2,3(b) hereof may be delayed. <br />_27_ <br />