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FUx~t:~ <br />• maintain buildings, shafts, pits, tunnels, roads, utilities and other improvements, machinery <br />and equipment, and dumps and stockpiles of coal and waste materials produced from the <br />L.cased Premises during the term of this Lease. <br />2. Term. The term of this Lease shall be twenty-five (25) years from the dale <br />hereof, and so long thereafter as coal is mined in good faith in commercial quantities on <br />a continuous basis from the Leased Premises. For This purpose, mining shall be deemed <br />to be continuous so long as all such operations do not cease Cor a period of more than <br />one hundred twenty (1?0) consecutive days. Coal shall be deemed to be mined in <br />commercial quantities if prafuced in an amount sufficient le yield a net profit return in <br />excess of operating costs end lazes directly attributable to such praluction. The Lessee <br />mzy not tcrrninatc this Isase during its twenty-five (25) year primary term without the <br />Lessors' consent. <br />3. Force hinjeure. When used in This Lease, "Force 1~lajeure' means any <br />ca, se bey:: the control of the Lessee, including but not limited to acts of God, acts of <br />the public enemy, insurrections, riots, labor disputes, labor or material shortage, fires, <br />• explosions, Hoods, 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, er other causes of similar nature which wholly or partly <br />prevent the mining or delivery of coal by the Lessee. <br />In the event of Force ~tajeure, the Lessee's duly to perform its obligations <br />under this Lease shall be suspended; provided, that such Force Majeure has been in <br />effect for at Icast fifteen (IS) consecutive days before any such suspension comes <br />effective and, in such event, the suspc,.s~~n stall be retroactive to the date the Force <br />Majeure first arose. Notwithstanding anything herein to the contrary, no Force ~4ajeurc <br />stroll suspend tlx Lessee's obligations to pay any money to the Lessors or to indemnify <br />and save the f_essors harmless in accordance wish the terms of this Lease. <br />4. Production Royalty. Lessors hcrchy reserve to tlremsclvc!, and Lessee shall <br />pay to lessors, a mmnarticipating prodttclion royalty for all coal mined and removed, and <br />sold, used or uti;c:~•-ise ..isposed uf, from Ilrc l.eascd Premises in an amount equal to <br />• onreighth (1/RI of the "Gross Ihncccds' anrihutahlc to llrc one-fourth (I/4) undivided <br />2 <br />..-. =n ... ate.-• _. -. .. .... .... ... <br /> <br />