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<br />FQ~3~ i -- <br />a continuous basis from the I-cased Premises. Ivr this purpose, mining shall be deemed <br />to be continuous so long as all such operations do not cease for a period of more Than <br />1 one hundred twenty (120) consecutive days. Coal shall be deemed to be mined in <br />commercial quantities if produced in an amount sufficient to yield a net profit return in <br />J excess of operating costs enu taxes directly attributable to such production. 'Ru Lessee <br />may not terminate This Lease during its twenty-five (25) year primary Icrm without the <br />Leswr's consent. <br />3. Force ~lajettre. When used in this Lease, 'Force Majeure' means any cause <br />beyond Ilre cuntrol of the Ixssce, including hug not limited to acts of God, aces of the <br />public enemy, insurrections, riots, labor disputes, labor or material shortage, fires, <br />explosions, (locals, 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 auttrorily ever the <br />txsscc or tlrc I.cascd Premises, or other catrs~s of similar nature which wholly or partly <br />• prevent lire mining or delivery of coal by the 1_essee. <br />In the event of Force hfajcure, the Lessee's duty to perform its obligations <br />under This I.case shall be suspended; proviJed, that such Force h1ajeure 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 Io the dale IF.e Force hlajeure first <br />arose. Notwithstanding anything hereir to the contrary, no Force hfajeure shall suspend <br />the Lesscc's obligations to pay any mosey to the lessor or to indemnify and save the <br />Lessor harmless in accordance with the terms of this Le~:e. <br />4. Production Royally. Lessor hereby reserves to himself, and Lesscc shall pay <br />to lessor, a nonparticipating; production royalty for all coal mined and removed, and sold, <br />used or otlrcrwise disposed ~rf, from the [,eased Premises in an amount equal to one <br />eighth (I/8) of the "Gross Proceeds' attributable to the one-fourth (1/4) undivi:led.coal <br />interest leased lurein, whether mining occurs by underground, surface or other mining <br />methods. <br />(a) 1Vith respect to hnna frde arm's length transactions for the sale of coal, <br />. Gross Proceeds shall r.,ean the aggregate amount of consideration received or receivable <br />by the Lessee, directly or indirectly, for the sale of coal f.o.b. the tipple or the mouth of <br />2 <br />