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MRR 10 '95 11~27RM HOLLRNDBHRRT <br />P.10i13 <br />provided that ahvuld such Lores ma~eura avert oontinus !or a period <br />oC sore than ninety eonsscutiva (90) days, then •ither party shall. <br />have the right to taxminata thin agreement by aendinq a written <br />notice to the other party. <br />25. gamo9iae cl~mulative. gessdiea provided under this J-grsamant <br />shall be eumuiative and in addition to other remedies provided by <br />laW or equity. <br />26. Denial on. 2t is unaeretood and agreed that ~playar does not <br />acquire hereunder, nor is it the intention or the parties harsto <br />that Employer shall acquire or have, any economic intarait In any <br />coal owned or held under lease by Owner, and Owner skill hays the <br />lull right of parcantaga depletion er o! other depletion for intone <br />tax purpoaec or for any other purposes on all of the Coal siMd, <br />produced, transported, and delivered to owner by Employer's <br />workforce hereunder. Bmployer spselfically agraea that Esployaz <br />will make no claim wbatsosvsr to any cuah dapiation through <br />Smployar•~ income tar •tcountinq and returns or in •ny other <br />manner, OWnar•^ sole right to such peroantaga or other depletion <br />for any and all purposes have been taken into full aoaourit by the <br />partiaa hereto in fixing Cha pziGlnq hereunder. <br />27, audit. fi~ployor shall Keep, for a minimum period of three <br />years, aeourate records reflecting all aspects of the operations of <br />its worXtores hereunder. Ovnsr shall during regular buainasa boors <br />bs afforded cosplata accaaa to said rsoorda, including Wino, <br />aceountihq and financial retards of Employer aonearning its <br />oparatiana hereunder. Said rsoords shall ba made available at <br />appropriate times for axasination and espying by owner or audit by <br />independent public aeeountanta to ba aalactsd by owner at Ormar's <br />cost and expanse. At each frequency as Owner say reasonably <br />require, Employer ahail also eosplets and return to Owner within to <br />day6 of Employer's receipt thereof quastior+nairas regarding ies <br />compliance with the provisions hereof whioh require various aettonc <br />to be token and payasnt to ba soda. <br />28. Traveler o~ was ei n L~sployar aeknowlsdgaa that the <br />aervicae to be psrforaed by its workforce hereunder era personal in <br />nature and egress that it will not aaeign, snaumbsr, tranetor, <br />subcontract or sat over any e! its rights of intarasta under this <br />Agree9ent or any part therooL, to any parson, firs or eerperation <br />without the expreae written consent oL owner first obtained, but <br />not unreasonably vithtwld. Zn the evar~t of any attsm,ptsd <br />assignmoht, eneumbranoe, transfer or subcontract oL all or any part <br />of the interests or rights oL Enpieyer hereunder, or the attempted <br />substitution of another employer by any saaaa vhatsowar, the sale <br />or transfer oL a eontralling intaraat in Employer, or the merger or <br />consolidation o! Laployer with any other corporation, without the <br />prior Written oonssnt of owner, er if any potition under the <br />federal bankruptcy laxs shall Da tiled by or against CmDloyer or if <br />any form of insolvency or racaivsrship procsseinga is commanded by <br />9 <br />ee.-ter re ea xw~ G1i'1 G17A '411 5321f1fJ53a 311'IOB b'[~L-LZS-F0£ <br />