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F0~30~) <br />Leax, including the right to construct, install, locate, operate and maintain buildings, <br />shafts, pits, tunnels, roads, utilities and other improvements, machinery and equipment, <br />and dumps and stockpiles of coal and waste materials ptoduond from the Leased <br />Premiss during the term of this Lease. <br />2. Tenn. The term of this Lease shall be twenty-five ('~ years from the date <br />hereof, and so long thereafter u coal is mined in good faith in commerzial quantities on <br />a continuous basis from the Leased Premiss. For this purpose, mining shall be deemed <br />to be continuous so long as all such operations do not cease for a period of more Shan <br />one fiundred twenty (720) consecutive days. Coal shall be deemed to be mined in <br />commercial quantities if produced in an amount sufTicirnt to yield a net profit return in <br />excess of operating costs end tats directly attributable W such production. The L.esxe <br />may not terminate this Leax during its twenty-five (23) year primary term without the <br />Lessor's consent. <br />3. Force Metjwre. When used in this L.eax, 'Force Majeurc' means r,ty uux <br />' beyond the control of the Lessee, including but not limited to acts of Cxd, acts of the <br />public enemy, insurrocdons, riob, labor disputs, labor or material shortage, fires. <br />explosions, floods, breakdowns of or damage to plants, equipment or facilities, Orden or <br />acts of civil or military authority or of any body having jurisdiction and authority over the <br />lessee or the Leased Prcmixs, or other pules of similar nature which wholly or partly <br />prevent the mining or delivery of coal by the Lessee. <br />In the event of Forte Majeurc, the Lessee's duty to perform iu obligations <br />under this Lease shall be suspended; pmvidtd, that such Cora Majeurc has txen in <br />effect for at least fifteen (15) consecutive days before any such suspension comes effective <br />and, in such event, the suspension shall be retroactive to the date the Force Maieurc fir..• <br />arose. Notwithstanding anything herein to the contrary, no Force N.ajeurc shat! susprnd <br />the Lessee's obligations to pay any money to the Lessor or to indemnify and save the <br />Lessor harmless in accordance with the terms of this Leuc. <br />4. Production Royalty. Lessor hereby rcservs to himself, and Lessee titia!I poy <br />to Lessor, a nonparticipating production royalty for all coal mined and rcmcrved. and sold. <br />used or otherwise disposed of, from the Leased Fremixa in an amo++n+ equal to a:: <br />2 <br />