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Renewal Term. If Grantee exercises its Option, the parties agree to execute a Lease <br />Agreement in ,ne form and substa~xe of the "Surfoce Lease Agreement", attached <br />hereto as Exhibit A, the same being initialed by The parties for identification, and to <br />execute an Ancillary Agreement in the form and substance of the "Ancillary Agree- <br />meet to Surface Lease Agreement", ottached hereto as Exhibit B, the same being <br />initialed by the parties for identification. ... <br />6. Subordination of Other Interests. Grantor covenants and agrees that after ~ ~~. ~~~~~ <br />;; <br />the dote hereof Grantor will not lease, convey, mortgage, or grant any interest in the ~~~~~ <br />Property (including a mortgage (or agricultural purposes) or any other mineral interest <br />therein or thereupon contained (including oil or gas) to any third party without the <br />express inclusion in such lease, conveyance, mortgage, or grant of a provision by which <br />the rights of such third party are strictly subject to and secondary and subordinate to <br />those of Grantee. Grantor acknowledges and agrees that Grantee will suffer great and <br />unknown damages and harm in the event Grantee's ability To conduct exploration and <br />mining activities were impaired by~interterence from such third parties. Accordingly, <br />Grantee may at its sole option terminate this Agreement on five (b) days notice and <br />demand repayment of oll payments previously paid to Grantor, for any breach of this <br />Paragraph 6, and Grantor agrees to make such repayment. This remedy is in addition <br />• to and not exclusive of other legal remedies available to Grantee.' <br />~~fi 7. itle. Grantor re resents and wa rants that it has m rchantabl 1'fle to the <br />e1 ~ subject to-encumbrancPes of recordr oil gas an~ mrneraf leases and reser <br />ons of record; easements of record and by operation of law; <br />raperty, /}hat it is the owner in fee simple of the Properly free and clear of any <br />encumbrances not of record as of the date hereof, and that iT has the unconditional <br />right to grant the rights set forth in this Agreement. Grantor will defend (including <br />payment of attorney tees) and hold Grantee harmless from all claims arising from any <br />a/~ F_Y alleged deficiency in Grantor's right to grant this Option. <br />P /,2 Except for those items that the property was taken "subject to", <br />c'~J / If, with respect to the rights granted hereunder, there should appear at any time <br />~/ any defect in the title of Grantor, or if any of the title of Grantor shall be less in <br />extent or legal quality than that granted by this Agreement, or should any lien or <br />encumbrance be found an the Property, then Grantee may, but shall not be required, <br />undertake in the name of the Grantor fo cure the defect, purchase The lesser interest, <br />or cause the encumbrance to be satisfied and discharged, in which case, Grantee may <br />deduct the cost Thereof from any amount which Grantee may then or later owe to <br />Grantor. I( in Grantee's sole judgment the title to any part of the Property is not <br />susceptible to quieting To Grantee's satisfaction, if the lesser interest cannot be <br />/ acquired or if and To the extent any lien a encumbrance thereon cannot be discharged <br />i- <br />or redeemed, then Grantee may elect fo exercise its rights hereunder or that part of <br />/)'Grantee shall waive this right of forfeiture upon its written approval ~ <br />l any lease, conveyance, grant or mortgage which shall not be unreasonably <br />withheld. <br />-3- <br />