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2. Right to Prospect and Mine <br />Sublessor shall have the exclusive right to prospect the Premises <br />for opal, to mine and remove gal by strip, surface, or open face mining, <br />to use quarry, shaft, slope, drift or any other method of mining to extract <br />the coal on, in, and underlying the Premises, and to store, prepare for <br />selling and selling mal, subject to any limitation placed on such rights <br />in the original coal leases. <br />3. Use of Leased Premises <br />Sublessee is granted the right to use so much of the surface of the <br />leased Premises as may be required, necessary or convenient for any and <br />all purposes to or wnnected with prospecting, mining, remnval, preparation, <br />and selling of oval and transportation of opal, on, under, to or from the <br />Premises and to or from adjoining, adjacent, or nearby lands nova or here- <br />after held, owned, or leased by Sublessee. Sublessee shall have the right <br />to dig, drill, construct, use and maintain Hells, ponds, pits and other <br />excavations instructed by the Sublessee on the Premises. Sublessee shall <br />have the right to divert, dam and use any and all water courses on the <br />Premises in any legal manner which Sublessee deems necessary or convenient <br />to acca~lish the purposes for which this Sublease is granted. The Sublessee <br />shall have the right to pump, drain, and transport water out of any well, pit, <br />pond, or ~.orking place on, over, through, or across the Premises. These ... <br />rights shall be subject to any limitations placed on such rights in the <br />original coal leases. <br />4. Royalty <br />Sublessor reserves unto itself a royalty of nine percent (98) of the <br />F.O.B. mine site value per ton of oxl mined and removed fran the Premises <br />by Sublessee. Sublessor shall make the royalty payments required by the <br />original coal leases to the lessors of those leases. <br />5. Termination of Lease <br />If at any ti~re Sublessee shall be in default in its perforniance under <br />the terms and conditions of this Sublease, and i.f within thirty days after <br />written notice of such default is given by Sublessor to Sublessee, Sublessee <br />has not cured or oonmenced activities which will cure the default if pursued <br />diligently, then Sublessor may terminate this Sublease by providing written <br />notice of te*n+~nation to Sublessee. Upon any such tP**~~n~tion, all the rights <br />and privileges of Sublessee hereunder shall cease and terminate and Sublessor <br />shall be entitled to resume its forms estate and Sublessee shall surrender <br />possession of the Premises upon demand. <br />6. Covenants <br />Sublessor ~venants to and with Sublessee that subject to the finalization <br />of the purchase of these leases from CF&I Steel Corporation it has the right <br />to execute this Sublease and will warrant and defend the title to said lease- <br />hold estate against the claims of all persons whatsoever. <br />7. Parties Bound <br />The burdens and benefits of this Sublease shall extend to and be <br />binding upon the successors and assigns of the parties hereto. <br />WTTNESS the following signatures, the day and year fixst above written. <br />SUBLESSOR: <br />DIORPfi CENi'RAL ENERGSC CQ~ANY ~ <br />J obert Wilson, Chairman <br />SUBLESSEE: <br />WY ! <br />By: r <br />Pa 1 C. Jones, President <br />