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Production Royalty exceeds the total of all previously paid <br />amounts (against which Overriding Production Royalty has not <br />already been charged). <br />4. Transfer/Records. This Assignment and transfer is made by <br />Freeman to Peabody, without recourse and withcut <br />representations or warranties of any kind being made by <br />Freeman to Peabody. After the date hereoE~, Peabody shall be <br />responsible for all payments and performa':e'on the part of <br />lessees to be kept and per°ormed under the Federal Leases and <br />the Private Leases. Peabody agrees to indemnify, and save <br />Freeman harmless from any claims, liability or lcss that may <br />be incurred by Freeman as a result of the Failure by Peabody <br />to make such payments and in its performance, after the date <br />hereof, under the Federal Leases and Private Leases herebv <br />assigned and transferred by Freeman to Peabody. <br />(a) To the extent available, Freeman shall coccerate <br />with Peabody and furnish to Peabody such propert•r records pr <br />title evidence that it has in its possession with respect to <br />the lands or mining rights covered by the atoredescribed <br />Private Leases and Federal Leases. <br />(b) To the extent practicable, and without expense to <br />Freeman, Freeman shall furnish to Peabody coal drilling and <br />testing information and data that it has in its possession <br />i regarding the coal covered by the atoredescribed Private <br />~~ Leases and Federal Leases. <br />(c) Peabody shall keep accurate and adequate records <br />for its payments, performance and the coal tonnage produced <br />and sold under the Federal Leases and Private Leases, and <br />upon reasonable notice Freeman shall have a right to inspect <br />such records for establishing or verifying the Overriding <br />Production Royalty amount due, or becoming due, hereunder by <br />Peabody to Freeman. <br />5. Miscellaneous <br />- .. (a) Notice. Any notice hereunder shall be in writing, <br />-•~. sent by U.S, registered or certified mail, postage prepaid, <br />sent as follows: <br />If to Freeman: Freeman United Coal Mining Compan;~ <br />Roue 37 :forth <br />P, O. Uox 100 <br />~7~'st Fr.~nkEort, IL G2fi9G <br />Attention: D1CCCtOr, Real G~t.lt l' <br /> <br />