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5/13/61 <br />the Lease (hereinafter collectively described as the "subleased <br />• coal"). <br />Article 2 - blininq Rights <br />Anchor hereby gives and grants to Bear all of Anchor's <br />rights in and to the Lease and the Surface Rights; ~ ether <br />with all mining rights and privileges vested in Anchor/for <br />mining and removing all of the subleased coal. Such rights <br /> shall include the right to make such openings, cuts, fills and <br /> slopes as may be reasonably necessary and convenient for mining. <br /> and removing the subleased coal by deep mining methods; the <br /> right to drain the water from the Property and from the <br /> subleased coal thereunder into the nearby drains and streams; <br /> the right to construct, maintain and use access roads through <br /> the Property for removing the subleased coal; the right to <br /> construct thereon such preparation plants, tipples, sidings, <br /> ramps and other structures as are reasonably necessary for <br /> mining and removing the subleased coal; and the right to do and <br />• <br /> perform thereon all such other things as may be reasonably <br /> necessary and convenient for mining and removing all of the <br /> subleased coal, but all of the above rights only to the extent <br /> that Anchor has the legal right to grant said rights as <br /> permitted by the Lease. <br /> Article 3 - Term <br /> TO HAVE AND TO HOLD THE Lease and all and singular the <br /> rights and privileges hereinabove leased unto Bear for a period <br /> commencing on the date heceoE and ending upon expiration of the <br /> Lease or until otherwise terminated hereunder, whichever shall <br /> occur first. <br /> Article 4 - Payments by Bear to Anchor <br /> A. Production Payment: Bear sha 11 pay Anchor a <br /> . production payment of 2 1/46 of the gross sales <br /> price per net ton of two thousand pounds of <br />• ~ coal. For determining tonnages and gross sales, <br /> Bear shall use the same tonnages and gross sales <br />* (including all water and water rights, ditches and ditch <br />rights, wells and well rights, and reservoirs and reservoir <br />~~.~ rights appurtenant to the Leased Premises or used in conjunction <br />''% ~~%'/ therewith) -2- <br />' ~~_.~ <br />