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MRR 10 '95 11~24RM HOLLRND&HRRT <br />P.4i13 <br />Act or 1977 and amendments thereto, indludinq without limitation <br />the sleek Lung 8anefita Aslorm Aot of 1977, as amended and <br />regulations pzomulgatsd in connection therewith, and the Surlac¢~ <br />liintnq control and Reclaaation act of 1977, at amandsd, and <br />regulations promulgated in connection therewith. lspployer also <br />agrees to timely procure all psraitc, 1leenass and authoriaatione <br />neoaesary to the perforranca of its oDiigatlona hereunder. <br />Employer sill strictly comply with the terms and conditions of ail <br />applicable permits. <br />7. Title t con Titlc to all Coal in any Coal Lends, vLathar <br />mined hereunder or seaaininq unminod, shall at all ties remain in <br />Ovnar, and.gmploysr shall have no right to dispo~s o! any coal <br />produced by the rorkforce beraunder except to Ovnar or as othsrvise <br />directed by Owner. <br />s. RP~ortb: InBDa ton, Empleyer shall Saks vMkly rrittan <br />reports t0 the dasiynatad ripreaantativs of Owner aenoerninq the <br />lining operations conducted Dy its workforce harsundsr, to be <br />suba~lttad by vednoaday o! the following work wsk. ~vasr through <br />its agents es tapr¢s•ntativas,_ahall Nava the right, but not the <br />Obli~atlOn, *Q-inSpOCtr-all ~r~~6 VbaZ"e miT1nQ_O~e~ati_Ot1a Ere Or <br />:have boon carded on.b to ergs votkfosce to insure that the <br />tnrms~nd_proxieions-of-thas remaan -and of all-other lasses and <br />agrvemvata_.vith_.respaat.-to -the-Coal Lands are complied rith. <br />Subject to CAa direction of Owner o= its representative, Sa~ployer <br />will at alI flees cause its workforoa to mine in wapilanoe with <br />the Hine Plan and applicable state, federal and local lava. _` <br />9, indenandant Tnrms_ of Eero],Qy~gpy. Eaploysr shall hire and <br />retain tbs workforce required bl' this I-graement on such esiployoaanL <br />farms and conditions as Bmployar shall dstsrmine, in its soil <br />discretion, and without direction oT eoatrol by Owner. Notttinq <br />herein shall be deemed to create a partnership between the parties <br />berate, to oonvey to eitbes partX, by operation o! law any property <br />of the other party, or to const~.tute h`mpleyer as an agent of Owner <br />Sor any purpose, it being understood that Eiepioyar is an <br />independent contractor with respect to the hirisy and setsntion of <br />the workforce. employer will accept the mining sQuipaent provided <br />by Ovt+er on an as ie where is basis, without qusrantes as to <br />cultabillty or ^erviceability o! said equipment. Upoe termination <br />of this J1greAment, equipment ovtfsd by Ovnar and used by Employer <br />will be r¢turned to Orther in at laaat as good as stets of repair as <br />when rscsivad from Ovnsr. Mich the pries consent of Owner or its <br />designated ropreeantativs, Employer may pprovide, repair, and <br />replace and maintain certain equipment, laeiiities, Aaeariale and <br />supplies nsoeasasy to ensure the adequate psrferssncs by the <br />~rorkfores of the aiming eparationa centemp1atsd hessln. Ovnsr <br />hereby directs Employer tv cause its werkforce to use ssovgniied <br />modern mining sethods and practices, to expand seaeonabls and <br />nacsseary funds tot property health and Oatety s~easurea, and take <br />all other actions _-easonably neceasasy to snaAle it to comply with <br />.,_..-~ ,-~ ~n v.x~ r,a~ ova •rti~ c~ur+cw vrmnv nc»_,ve_cac <br />