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13 <br />Suspension Duration. A suspension of operations will be approved for the <br />ezpected duration of those conditions preventing operation of the lease(s) <br />ezcept at a Ions. <br />If a suspension of operations for solid minerals is approved for a period <br />ezceeding 1 year, the lessee must certify prior to the end of each successive <br />12~onth period following the effective date of the suspensioa that the <br />conditions upon which the suspension wsa justified continue. By statute, each <br />suapenaion of operations for a non-FCI.AA coal lease shall not ezceed 6 moatha. <br />If a suapenaion of operations for a non-FCL4A coal lease is approved, the <br />lessee must certify prior to the end of each 6-month period following the <br />effective date of the suspension that the conditions upon which the suspension <br />was justified continue. The requirement for a lessee to recertify that the <br />lease(s) still cannot be operated eacept at a lose ensures periodic review of <br />all suspensions of operations granted. An eztensioa of the suspension of <br />operations ie effective upon expiration of the current period. <br />Termination or Ezpiration of Suspension. A suspension of operations ends <br />on: <br />1. The first day of the lease month in which operations or production <br />are resumed; <br />2. The date that the recertification stating that the conditions <br />requiring a suspension of operations in the first place continues, <br />but has not been filed by the lessee; <br />3. The expiration of the approved suspensioa period; or <br />4. The date the lease becomes subject to FCLAA (coal only). <br />The suspended lease terms and conditions are once again in full force and <br />effect as of the date the suspension of operations terminates or ezpires. Yo <br />lease terms or other requirements are eztended by a suspension of operations. <br />For non-FCI.AA coal and solid mineral leases, the suspension of minimum royalty <br />payments ends on the first day of the lease month during which operations or <br />production are resumed or upon ezpiration of the suapenaion, whichever occurs <br />first. <br />C. Force Najeure Suspensions (Interruption by Strikes, the Elements, or <br />L.....1 ~I ~~ --r •~~-a 1..~~L1~ ~~ ~L~ T..... <br />1. Statutory Authority and Regulations. <br />Suspensions of non-PCLAA coal or solid mineral leases ae a result of "strikes, <br />the elements, or caeueltiea not attributable to the lessee" are referred to ae <br />"force majeure" suspensions. "Force majeure" is a legal phrase taken from the <br />French, literally meaning a superior force. It ie defined as an unezpected or <br />uncontrollable event that may excuse a party from contractual obligations. <br />` Attachment 1-16 <br />