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PERMFILE66778
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PERMFILE66778
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Entry Properties
Last modified
8/24/2016 11:12:31 PM
Creation date
11/20/2007 9:32:36 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1992080
IBM Index Class Name
Permit File
Doc Date
12/11/2001
Doc Name
COAL MINING
Section_Exhibit Name
APPENDIX 3-2 COAL LEASES (2)
Media Type
D
Archive
No
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so~~o~ <br /> <br />including the right to construct, install, locate, overate yrtd maintain buildings, shafts, pib, <br />tunnels, reads, utilities and other improvements, machinery and equipment, and dumps and <br />stockpiles of coal and wazte rr:aterials produced from the Leased Premises during the term <br />of this Lease. <br />2. Term. The term of this I.rase shall be twenty-five (25) years from the date <br />hereof, and so long thereatter as coal is mined in good faith in commercial quantities on <br />a continuous bazis from the Ltaxd Premises. For this purpose, mining shall be deemed <br />to be continuous so long az all such operations do not cease for a period of more than <br />one hunt -d twenty (120) consecutive days. Coal shall be deemed to be mined in <br />commercia' •:, iantities i( produced in an amount sufficient to yield a net profit return in <br />excess of o, Prating costs end taxes directly attributable to such production. The Lessee <br />may not ten gate this Lease during its twenty-five (25) year primary term without the <br />Lessor's consents. <br />3. Fn, cP Mitijeure. When used in this Lease, 'Force Majeurc' means any cause <br />beyond the control of the Lessee. including but not limited to acts of God, acu of the <br />public enemy, insurrections, riots, labor disputes, labor or material shortage, fires, <br />explosions, floods, breakdowns of or damage to plants, equipment or facilities, orders or <br />acts of civil or military authority or of any body having jurisdiction and authority over the <br />lessee or the Leased Premises, or other causes of similar nature which wholly or partly <br />prevent the mining or delivery of coal by the Lessee. <br />In the event of Fora Majeurc, the Lessee's duty to perform its obligations <br />under this Lease shall be suspended; provided, that such Ferce Majeurc has been in effect <br />for at least fifteen (15) consecutive days before any such suspension comes effective and, <br />in such event, the suspension shall be retroactive to the date the Fonx Majeurc first <br />arose. No'withstanding anything herein to the contrary, no Fora Majeurc shall suspend <br />the -.essee's obligations to pay any money to the Lessor or to indemnify and save the <br />Lessor harmless in accordance with the ternts of this Lease. <br />4. Production Royalty. Lessor hereby reserves to himself, and Letsx shall pay <br />to Lessor, a nonparticipating production royalty for all coal mined and removed, and sold, <br />used or otherwise disposed of, from the Leased Premises in an amount equal t • one- <br />2 <br />
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