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2 <br />written agreement as to such possession, the Lessee shall <br />be a tenant from year to year at an annual rental payable <br />in advance equal to 1/10th of the rental for the last ten- <br />year term payable during the last month of this lease <br />including any extensions, but otherwise subject to all of <br />the agreements, obligations and covenants of this lease. <br />ARTICLE XII <br />ASSIGNMENT AND SUBLEASING <br />Subject to Lessee's duty, if it abandons the haul <br />road across the leased premises before the expiration of <br />' this lease, to assign its lea6ehold estate to Peabody Coal <br />Company or, at Peabody's direction, to Seneca Coals, Ltd., <br />no assignment or subleasing is permitted under this lease <br />agreement except with the written consent of Lessor, which <br />consent shall not be unreasonahly withheld. <br />ARTICLE XIII <br />• TITLE OF LESSOR <br />Lessor makes no warranty, express or implied, of <br />title to the leased premises. <br />ARTICLE %IV <br />Lessee agrees to hold Lessor harmless from any <br />• and all liability resulting from its operations on the leased <br />. premises. <br />ARTICLE XV <br />NOTICES <br />I4otices permitted or required under this lease <br />shall be in writing and shall be given by registered or <br />certified mail to the addresses specified below or to such <br />other address as the respective party may designate from time <br />to time in writing. Notices shall be deemed given on the r <br />date of mailing. . <br />To Lessor: .- .~/, /., 7: <br />• 1'e• 1~:.1 ri' <br />(.;~(; .~.n r ~,~ <br />_]_ <br />