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rr. ~ <br />. ~ ARTICLE IV '~ <br />ASSUKf'T I0;7 OI' OOLiGATI0;79 At:O TL P_'i I t7ATIOV <br />4.1 Obliga Cinn^. Arness hcrcLy assum r.s and ;.g rtes to <br />pay all delay rentals, advance minimum royalties, and <br />production royalties payable under the Leases which accrue <br />after execution of this agreement with respect to the Coal <br />Interests and assumes and agrees to pay and perform any and <br />all other obligations of Energy Capital under the Leases <br />insofar as such pa}rtnents and obligations pertain to the <br />Sublease Tracts and rights with respect thereto subleased to <br />Arness hereunder, provided, however, that notwithstanding <br />the foregoing, Arness shall not be obligated to (i) perform <br />any of the obligations of Energ}• Capital under Section 8 <br />"Erplora tion Commi ~n:en t." of the px ivate leases noted on <br />Annex I attach_d hereto and Energy Capital agrees to ind e:anify <br />Arness and hold it harmless from any loss, claims or damages, <br />including reasonable attorney fees and costs, incurred as a <br />result of Energy Capital's failure to perform such "Exploration <br />Commitment" obligations and (i i) make any pa}^lents to iSilcnc <br />Sltumway and~John Adams, except the royalty payable to them <br />on the State Lease property. Arness' obligation for oaynents due the <br />Lessors under the Leases shall not be reduced for any adjustment <br />because of Section 1.3 hereof. Arness shall maY.e all such <br />payments and perform all obligations of Energy Capital under <br />said Leases except as otherwise provided herein, with respect <br />to the Coal Interests as necessary to keep the same in full <br />Force and effect after execution Hereof. Such payments, <br />i n'c hiding delay rentals, advance royalty payments, production <br />royalty pa}~nents, and any other pa}nnents due under the <br />Leases with respect Co the Coal Interests shall be paid by <br /> <br />-6- <br /> <br />