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f 0307 <br />including the right to construct, install, !owte, operate and maintain buildings, shafts, pits, <br />tunnels, roads, utilities and other improvements, machinery and equipme.~t, and dumps and <br />stockpiles of coal and waste materials produced from the Leased Premises during the term <br />of this Lease. <br />2. Term. The term of this Lease shall be twenty-five (25) years from the date <br />hereof, and so long thereafter as coal is mined in good faith in commercial quantities on <br />a continuous basis ~,om the Leased 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 hundred twenty (120) consecutive days. Coal shall be deemed to be mined in <br />commercial quantities i( produced in an amount sufficient to yield a net profit return in <br />excess of operating cosu end taxes directly attributable to such production. The Lessee <br />may not terminate this Lease during its twenty-five (25) year primary term without the <br />Lessor's consents. <br />3. Force fltajeure. When used in this Lease, 'Force Majeure" means any cause <br />beyond the control of the Lessee, including but not limited to acts of God, acts of the <br />public enemy, insurtcctions, riots, labor disputes, labor or material shor,~ge, fires, <br />explosions, floods, breakdowns of or damage to plants, equipment. or facili!ies, orders or <br />acts of civil or military authority or of any body having jurisdiction and authority over tl+e <br />lessee or the Leased Premises, or other causes of similar nature which wholly or par+Jy <br />prevent the mining or delivery of coal by the Lessee. <br />In the event of Force Majeure, the Lessee's duty to perform its obligations <br />under this Lease shall fx suspended; provided, that such Furce Majeure has been in effect <br />for at least fifteen (IS) consecutive days before any such suspension comes effective and, <br />in such event, the suspension shall be retroactive to the date the Force Majeure firs; <br />arose. Notwithstanding anything herein to the contrary, no Force Majeure shall suspend <br />the Lessee's obligations to pay any money to the Lessor or to indemnify and save th; <br />Lessor harmless in accordance with the terms of this Lease. <br />4. Production Royalty. Lessor hereby reserves to himself, and Lessee shall pa~• <br />to Lesso•, a nonl~anicipating production royalty for all coal minim and removed, and sold, <br />used or otherwise disposed o(, from the teased Premises in an amount equal to one- <br />2 <br />