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<br /> <br />. acc• to account records and maps co~itig its gravel <br />operations upon the Property which Cozzens shall be entitled <br />to examine during normal business hours at Peabody's general <br />offices. <br />If Cozzens owns an interest in any hart of the Lravel <br />located within the Property which is less than an undivided <br />one-half interest, then the payments for gravel mined from <br />such part herein provided shall be paid to Cozzens only in <br />the proportion which Cozzens' true interest bears to said <br />.undivided one-half interest in that part. <br />4. Term. The term of thfs Agreement sad the Lease <br />hereby granted shall be, thirty years from the date hereof. <br />5. Further Covenant. Peabody covenants and•agrees <br />'T,hat it gill comply orith all state, federal and local laws, <br />rules and regulations related to any gravel extraction, <br />including, but sot limited to any reclamation laws or <br />regulations applicable to:auch gravel extraction. <br />6. Successors, This Agreement and the rights, ob- <br />ligations and interests herein created shall be binding upon <br />the successors, heirs,'asaigns and personal representatives <br />of the parties. Peabody shall not assign ibis Agreement <br />without the prior written consent of Cozzens, except to a <br />~oiat venture or partnership in which Peabody is a partner <br />or point venturer. <br />to be executed as of the day and year first above written. <br />PEABODY COAL C01+~ANY <br />7. Counterparts. ThiQ Agreement may be executed in <br />counterparts, and when so executed by both parties shall be <br />fully binding upon them. . <br />IN {TITNESS WHEREOF the parties have caused this Agreement <br />By; a2%~T~ ' <br />JAMES . Elnaes <br />Ylit Pac i~DQaT~ QaS~UI1GL NAN0.~j LH iNY <br /> <br />Aesrs~wNr SecafraaY <br />-3- <br />i- <br />Q.~. _._::~[ <br /> <br />