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<br />ROYALTIES: As rental and royalty, the Lessee covenants and <br />agrees to pay to the Lessors fifty (50 ¢) cents for each ton of mine <br />run coal (2,000 pounds avoirdupois weight) mined, extracted and <br />sold from said premises, during the term of this Lease plus 28 of <br />the gross for all coal sold above ten dollars ($10.00) per ton. <br />All rentals and royalties shall become due and payable to the <br />Lessors on the 10th day of each month following the month during <br />which the coal shall be mined. <br />The Lessee further covenants and agrees that it will pay a <br />minimum royalty on 20,000 tons of coal, such payments to be made <br />whether or not the royalties computed on the coal actually mined <br />and sold shall equal said sums. No credits for royalties shall be <br />carried forward for one year to the next. Any balance remaining <br />due the Lessors for minimum royalties, for any year, shall be paid <br />the Lessors by the Lessees on or before October 31st of the same <br />year. <br />CORRECT WEIGHT AND RECORDS: The Lessee covenants and agrees to <br />maintain correct scales so that all coal produced from the premises <br />shall be weighed as the cars pass upon the tipple. The Lessors <br />shall have the right at any time to place a check weighman upon the <br />premises and shall further have the right to measure the amount of <br />coal extracted by the Lessed on engineers estimates. Daily <br />bulletins of all coal mined shall be placed in a receptable with a <br />glass face, on a dry spot of the wall or the mouth of the slope, <br />daily. <br />The Lessors, or their agent, shall have the right at all <br />reasonable times to examine the scales and the weighting of coal, <br />and all and every part of the described premises, both above and <br />underground, and all books, records, and proceedings kept by the <br />Lessees concerning their operations upon the premises, provided <br />only that such shall be at the sole cost, expense and <br />responsibility of the Lessors. <br />The Lessee covenants and agrees to maintain adequate and <br />accurate books and records as aforesaid, which shall be at all <br />times open to the inspection of the Lessors, from which records it <br />may be determined at any time what the amount of coal produced and <br />sold may be. <br />The Lessee further covenants and agrees to conduct its <br />operations in a good workmanlike manner in order to recover all <br />workable coal, as far as practicable, from the seam described, in <br />keeping with good mining practice and to so conduct its <br />operations as to prevent the loss of workable coal. The Leasee <br />further agrees that it will so conduct its operations that when it <br />retreats it will remove all workable coal from the pillars and that <br />as it retreats it will remove from the abandoned workings all rail, <br />cables, electric wiring, machinery and everything of value; and <br />that upon termination of the Lease it will remove all machinery <br />equipment, rails and mining property except timbers from the <br />underground workings and store the same upon the surface at no <br />expense to the Lessors. <br />The Lessee further agrees that all shafts, inclines, entries <br />and tunnels shall be well timbered; that all parts of workings <br />shall be kept free from water and waste material so far as <br />practical; that all underground courses shall be protected against <br />and guarded from creeps and squeezes. <br />-2- <br />