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~_- RI: FAG 765 638 forth in Section 3 above: (1) the amounts paid pursuant to paragraph (a) above, and (2) to the extent due and payable on or before April 18, 1999, the amounts paid pursuant to paragraph (b) above. 5. The suspension or cessation, in whole or in part, of the mining operations, or the delay, hindrance or prevention of the time for performance of any other act to be performed by Lessee caused by any event or circumstance beyond the reasonable control of Lessee which could not have been avoided by it by the use of due diligence, such as acts of God, fire, explosion, flood, severe weather, strike or labor differences, failure or breakdown of machinery or equipment, inability to obtain necessary materials, supplies or labor interruptions in delivery or transportation, shortage of railroad cars, insurrections or mob violence, regulations, orders or requirements of the government, embargoes, war or other disabling causes, whether similar or different, shall not adversely affect nor terminate Lessee's rights and interests hereunder, nor constitute non- performance or breach by Lessee of the duties hereunder. The time allowed or prescribed for performance of any act or obligation affected by any such event or circumstance shall be extended a period equal to the extent of such delay, hindrance or prevention; provided that this Section 5 shall not be deemed to permit any delay in Lessee's obligation to make payments due under either Section 3 or Section 4 above. 6. Lessee shall indemnify, save and hold harmless Lessor, its directors, employees and other representatives, from any and all damages caused by Lessee's operations in prospecting for and mining coal on the Leased Premises, or by Lessee's exercise of any other rights granted expressly or impliedly by this Lease, including easements and surface rights. Lessor shall not have the right to collect damages for the sterilization of part of the reserve, to the extent that such sterilization results from the application of reasonable and prudent mining principles by Lessee. In the event any operations are conducted by Lessee on or under the Leased Premises, Lessee agrees to perform said operations in a good and workmanlike manner, and Lessee further agrees to comply fully with and to abide by all applicable federal and state laws and applicable rules, regulations and orders of all governmental authorities having jurisdiction over such operations. Lessee shall further indemnify, save and hold harmless Lessor, its directors, employees and other representatives, from and against any and all environmental liabilities resulting from the operations of Lessee on, under or in the vicinity of the Leased Premises, including without limitation liabilities resulting from any subsidence of the surface of the Leased Premises. Lessor acknowledges that Lessee shall have complete discretion in addressing and resolving all environmental issues in any way related to this Lease. -4-