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6.6 Termination of Lease. Lessee shall execute and record a release of <br />the Premises at the expiration or termination of this Lease. Upon such expvation or <br />;..:~:im:.::on, l.:ssee also agrees to provide Lessor with espies of all core logs and <br />analyses with reseed to the Premises; provided, however, that Lessee shall not be <br />required to provide interpretative or proprietary data tvitlt respell thereto. <br />ARTICLE VII <br />ADDITIONAL RIGHTS OF LESSEE <br />7.1 Failure of Co-owner to Le2e. Should any person, fum, or <br />corporation having an interest in the surface of the Premises or in the Coal situated <br />therein not lease the same to Lessce, or should any one or more of the panics named <br />az Lessor not execute this Lease, it shall nevertheless be binding upon the parry or <br />parties executing this Lease. Lessee shall have the right to accept leases or wnveyances <br />from others owning or claiming to own interesu in the Premises or Coal covered hereby, <br />even though adverse to the tighu of Lessor. <br />72 Use of Surface. To the extent held by Lessor, Lessee shall have the <br />right to use the surface of the Premises for the conduct of Mining Operations on the <br />Unitized Premises; provided, however, that prior to the wmmencememt of any such <br />sur[ace rue, Lessee shall give the Lessor sixty (60) days prior notice o[ the intended use <br />and shall obtain the Lessors writtea approval with respell thereto, which approval shall <br />not be urveasonably withheld by Lessor. <br />73 Destruction of Surface. To the extent applicable, and subject to the <br />provisions of Article V and of Section 7.2 of this Leaze, Lessee shall have the right to <br />use and/or destroy so much of the surface and subsurface of the Premises az may be <br />found reasonably necessary in tarrying out the purposes of this Lease in accordance with <br />the hiining methods adopted by Lessee; provided, however, that no righu granted by this <br />Section shall be deemed a waiver by Lessor of its right to be indemttified by Lessee <br />agalrut any claims for third panics pursuant to Section 6.4. <br />• 7.4 Use of Wes. During the term of this Lease, Lessee shall have the <br />right, as long az it does not substantially interfere with present uses, to develop and use <br />new or additional surface or underground water from the Premises in its exploration, <br />development, and Coal Mining activities on the Unitized Premises. Without the written <br />permission of Lessor, however, Lessee shall not have the right to the use of water from <br />wells, lento or reservoirs now controlled or hereafter drilled or constructed by Lessor. <br />After surrender, expiration, or termination of this Lease, Lessee shall, upon receipt of <br />a written request from Lessor, quitclaim to Lessor or any party designated by Lessor any <br />such newly developed water righu then colorably owned by Lessen in water diverted <br />from the surface or subsurface of the Premises. Lessee agrees that after cessation of its <br />rue o[ any water wells drilled by it on the Premises, and prior to plugging or removing <br />the casing therefrom, that it will tender such well or wells to Lessor, and if Lessor elecu <br />to accept same, such water we[)s shall be and become the property of Lessor without <br />payment or consideration thcretor, provided that Lessee shall not be obligated to deliver <br />any well hereunder unless lessee is satisfied that after delivery it will no longer be <br />responsible for the operation, plugging, or abandonment thereof to any regulatory <br />authority having jurisdiction aver the same. Lessee's right to drill water wells on the <br />Premises shall be conditioned on Lessee's wmpliance with all relevant local, state, and <br />Federal laws, rules, and regulatioru. Dams and ponds may be constructed on the <br />Premises by Lessee only in wmpliance with applicable laws and regulations. <br />75 Notice Before Suit. Lessor shall not institute an action for <br />cancellation of this Leae bemuse of default by Lessee io arty of its terms, covenants, or <br />conditions unless lesut has not begun to remedy such default within one hundred eighty <br />(180) days after receipt of written notice from Lessor specifying such default and <br />requesting the remedy thereof. <br />7.6 Termination by Cessee. Subject to the terms and provision of the <br />Lease, Lessee shall have the right to terminate this Lease during either the primary or <br />the extended term hereof by giving Lessor sixty (60) days written notice thereof. <br />• <br />-7- <br />