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6.6 Termination of Lease. Lessee shall execute and record a release of <br />the Premises at the expiration or termination of this Lease. Upon such expiration or <br />:~;:.:iL:.::;,n, i,:ssee also agrees to provide Lessor with copies of all core logs and <br />analyses with respect to the Premises; provided, however, that Lessee shall not be <br />required to provide interpretative or proprietary data with respect thereto. <br />ARTICLE VII <br />ADDITIONAL RIGI-I'TS OF LESSEE <br />7.1 Failure of Co-owners to Lease. Should any person, firm, or <br />corporation having an interest in the surface of the Premises or in the Coal situated <br />therein not lease the same to Lessee, or should any one or more of the parties named <br />as Lessor not execute this Lease, it shall nevertheless be binding upon the parry or <br />parties executing this Lease. Lessee shall have the right to accept leases or conveyances <br />from others owning or claiming to own interests in the Premises or Coal covered hereby, <br />even though adverse to the rights of Lessor. <br />72 Use of Surface. To the extent held by Lessor, Lessee shall have the <br />right to use the surface of the Premises for the conduct of Mining Operations on the <br />Unitized Premises; provided, however, that prior to the commencement of any such <br />surface use, Lessee shall give the Lessor sixty (60) days prior notice of the intended use <br />and shall obtain the Lessois written approval with respect thereto, which approval shall <br />not be unreasonably withheld by Lessor. <br />73 Destruction of Surface. To the extent applicable, and subject to the <br />provisions of Article V and of Section 7.2 of this Lease, Lessee shall have the right to <br />use and/or destroy so much of the surface and subsurface of the Premises as may be <br />found reasonably necessary in carrying out the purposes of this Lease in accordance with <br />the Mining methods adopted by Lessee; provided, however, that no rights granted by this <br />Section shall be deemed a waiver by Lessor of its right to be indemnified by Lessee <br />against any claims for third parties pursuant to Section 6.4. <br />7.4 Use of Water. During the term of this Lease, Lessee shall have the <br />right, as long as it does not substantially interfere with present uses, to develop and use <br />new or additional surface or underground water from the Premises in its exploration, <br />development, and Coal Mining activities on the Unitized Premises. Without the written <br />permission of Lessor, however, Lessee shall not have the right to the use of water from <br />wells, tanks or reservoirs now controlled or hereafter drilled or constructed by Lessor. <br />After surrender, expiration, or termination of this Lease, Lessee shall, upon receipt of <br />a written request from Lessor, quitclaim to Lessor or any party designated by Lessor any <br />such newly developed water rights then colorably owned by Lessee in water diverted <br />from the surface or subsurface of the Premises. Lessee agrees that after cessation of its <br />use of any water wells drilled by it on the Premises, and prior to plugging or removing <br />the casing therefrom, that it will tender such well or wells to Lessor, and if Lessor elects <br />to accept same, such water wells shall be and become the property of Lessor without <br />payment or consideration therefor, provided that Lessee shall not be obligated to deliver <br />any well hereunder unless Lessee is satisfied that after delivery it will no longer be <br />responsible for the operation, plugging, or abandonment thereof to any regulatory <br />authority having jurisdiction over the same. Lessee's right to drill water wells on the <br />Premises shall be conditioned on Lessee's compliance with all relevant local, state, and <br />Federal laws, rules, and regulations. Dams and ponds may be constructed on the <br />Premises by Lessee only in compliance with applicable laws and regulations. <br />7.5 Notice Before Suit. Lessor shall not institute an action for <br />cancellation of this Lease because of default by Lessee in any of its terms, covenanu, or <br />conditions unless Lessee has not begun to remedy such default within one hundred eighty <br />(180) days after receipt of written notice from Lessor specifying such default and <br />requesting the remedy thereof. <br />7.6 Termination by Lessee. Subject to the terms and provision of the <br />Lease, Lessee shall have the right to terminate this Lease during either the primary or <br />the extended term hereof by giving Lessor sixty (60) days written notice thereof. <br />-7- <br />