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PERMFILE114941
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PERMFILE114941
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Entry Properties
Last modified
8/24/2016 10:11:02 PM
Creation date
11/25/2007 12:17:46 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1992080
IBM Index Class Name
Permit File
Doc Date
12/11/2001
Section_Exhibit Name
APPENDIX 3-2 COAL LEASES (3)
Media Type
D
Archive
No
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`Q~?1Q <br />pit, undCrgroun,f, strip, auger or any other method), transport, remove and marks; all <br />coal leased h~-rein; and to the extent Lessors have or may have the right and title to <br />grant and lease such rights, the right to use as meth as the surface of the Len~~ <br />Premises as may be necessary or reasonably convenient in the exercise of the rights <br />granted by this Lease, including the right to constntct, install, locate, operate and maintain <br />buildings, shafts, pits, tunnels, roads, utilities and other improvements, machinery and <br />equipment, and dumps and stockpiles of coal and waste materials produced from the <br />Leased Premises during the term of this Lease. <br />2. Term. The Icrm of This Lease shall be twenty-five (25) years from the dale <br />hereof, and so long thereafter as coal is mined in good fzith in commercial quantities on <br />a contir..tetts Basis from the l.eascd Premises. For This purpose, mining shall he deemed <br />to i,c continuous so long as all such operations do not cease for a period of more than <br />rnte hundred twenty (120) consecutive days. Coal shall be deemed to be mined in <br />commercial quantities if produced in an amount sufficient to yield a net profit rctttrn in <br />excess of operating costs end taxes directly attributable to such production. The Ix-see <br />may not terminate this Ixase during its twenty-five (25) year primary term withrnrt the <br />Lessors' consent. <br />3. Force M1f:~jeure. When used in this Lease, 'Force Majeure' means any cause <br />beyond the control of the Lessee, including but not limited to acts of God, acts of the <br />public enemy, insurrections, riots, labor disputes, labor or material shortage, fires, <br />explosions, floods, breakdowns of or damage to plants, equipment or facilities, orders or <br />acts of civil or military authority or of any body having jurisdiction and authority over the <br />lessee or the leased Premises, or other causes of similar nature which wholly or partly <br />prevent the mining nr delivery of coal by the Ixssee. <br />In the event of Force htajeure, the Lessee's duly to perform its obligations <br />under this i.ease shall he suspended; provided, that such Force t,!ajettrc has been in <br />effect for at least fifteen (IS) consecutive days before any such suspension comes effective <br />and, in such event, the suspension shall be retroactive to the date the Force T`!ajeure Firer <br />arose. Notwithstanding anything herein to the contrary, no Force Majeure shall suspend <br />the Ixsscc's nliligatinns to pay any money to the Ixssors or to indemnify and save the <br />2 <br />
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