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<br />• <br /> The parties hereto mutually agree chat the Lease will <br /> terminate upon the abandorm ent by LESSEE of use of the Premises <br /> for coal mining operations for a continuous period of one (1) year <br /> or more. <br /> 10. Surrender of the Premises. Upon the expiration of <br /> this Lease, or any earlier termination thereof, LESSEE will yield <br /> possession of the Premises unto LESSOR in as good order and <br /> condition as reasonable use and wear will permit, damage by the <br /> elements excepted with any reclamation to be completed pursuant to <br /> this section. LESSEE shall have twelve (12) months within whit:; <br /> to remove any buildings, equipment and facilities from the <br /> Premises, leaving the same in a clean and sanitary condition. If <br /> LESSEE fails so to remove any buildings, equipment or facilities, <br /> as set forth above, and the same remains on the Premises, title <br /> thereto shall vest in LESSOR, or LESSOR at its discretion may <br /> remove the same at LESSEE'S expense. <br />• Notwithstanding the above or any other provision of this <br /> Lease, LESSEE shall have the tight to retain possession of the <br /> Premises of ter termination or expiration of this Lease for the <br /> sole purpose of complying with any and all requirements for the <br /> reclamation of the Premises and surrounding coal properties <br /> pursuant to state and federal laws, rules and regulations concern- <br /> ing reclamation; provided, however, that LESSEE shall continue to <br /> pay rental as provided hereunder for the period of time necessary <br /> to permit compliance with such laws and hence covenants to perform <br /> such obligations on a best efforts basis, both as to timing and <br /> performance. <br /> 11. Assignment. LESSEE shall not assign, mortgage or <br /> pledce this Lease nor sublet the whole or any part of the ?reni_as <br /> without the prio[ w[itten consent of LESSOR, which consent shall <br /> not be unreasonably withheld. LESSOR'S rights hereunder shall be <br /> freely transferable. LESSEE may continue to make rent payments to <br />• <br />5 <br />