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for black lung benefits filed under the Act ("benefits") by or on account of any one of Lessee's <br />employees or former employees. Lessee shall secure and shall require any other person i ho operates, <br />controls or supervises a coal mine on the Leased Premises or who otherwise may be liable for the <br />payment of benefits to secure the payment of benefits to or on account of employees or former <br />employees under the Act in accordance with applicable laws and regulations. <br />16.3 Lessor's Disclaimer <br />Notwithstanding anything in this Lease to the contrary, this Lease does not empower Lessor <br />to make any decisions and Lessor hereby expressly waives and disclaims any right to make any <br />decisions with respect to the terms and conditions under which the coal hereby leased is extracted or <br />prepazed, such as, but not limited to, the manner of extraction or prepazation or the amount <br />of such coal to be produced, all within the meaning of the Act. The parties hereto do acknowledge, <br />however, that Lessor has reserved certain rights and has imposed certain requvemeits under the <br />terms ofthis Lease solely for the purpose ofpreventing waste. <br />Section 17. Extension of Term <br />This Lease shall remain in effect for an initial term of five (5) years ending on the 25'" day of <br />October, 2004. Ifat the expiration ofthe initial term ofthis Lease, the minable and merchantable coal <br />within the property shall not have been mined and removed therefrom, and if Lessee has an active <br />permitted mine on the Leased Premises, this Lease shall be automatically renewed for three (3) <br />additional terms of five (5) years each on the same terms, conditions, covenants, stipulations, <br />hereunder, unless Lessee gives Lessor at least thirty (30) days' advance written notice of its intention <br />to terminate this Lease. <br />Section 18. Termination of Lease by Exhaustion of Coal <br />If at any time while this Lease remains in effect Lessee shall have completed its mining <br />operations and shall have mined, removed and paid royalty on all of the then (minable and <br />merchantable coal from the Leased Premises, and if Lessee shall have then complied with all other <br />covenants, agreements, conditions and obligations then requ'ved to have been performed by it, said <br />Lessee shall have the right to terminate this Lease. Likewise, if Lessee is unable, after exhausting all <br />reasonable efforts, to obtain the necessary mining permits to mine the Leased Premises then Lessee <br />shall have the right to terminate this Lease by written notice to Lessor. In the eventthis Lease is <br />terminated by Lessee under the provisions of this Section 18, for the purpose ofevidencmg upon the <br />public records the termination ofthis Lease, Lessee shall execute, acknowledge, and delii er to Lessor <br />a proper written deed of surrender or release. Notwithstanding, Lessee shall have the right to retain <br />Page 10 of 17 <br />