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enter upon the leasehold and sell the leasehold interest of Lessee to enforce and collect the payments <br />ofthe royalties, rentals, and other payments as aforesaid, and Lessor shall have such rights ofdistraint <br />as aforesaid for all rentals, royalties, and other payments which may be due and payable regardless <br />of whether they amount to more than a year's rent or not, or whether they have been due for more <br />than one year or not, and regardless of whether there are any liens, encumbrances, mortgages, or <br />deeds of trust thereon. At any such sale of property under this Section, Lessor shall have the right <br />to become [he purchaser thereof free from any and all rights of Lessee and of others claiming by or <br />I <br />through Lessee. All provisions herein contained for the Gen for, or collection of, royalties, rentals, <br />or other payments, shall be deemed cumulative, and are nonexclusive, and shall not deprive Lessor <br />of any of its other legal, equitable or contractual rights or remedies which it may otherwise have. <br />Section 21. Assi¢nment or Subletting <br />Lessee shall have the right to sublet, transfer or assign this Lease or any rights, interests or <br />i <br />estates created by this Lease, and in the case of a sublease, assignment, or transfer will present to <br />Lessor a covenant of assumption by the sublessee, assignee or transferee, wherein such assignee, <br />I <br />transferee or sublessee expressly agrees to and with Lessor to assume and be bound Eby all of the <br />covenants, terms, conditions and provisions hereof to the same extent as if said assignee, transferee <br />or sublessee had been named as the original lessee. Any such transfer, assignment Ir subletting, <br />including a transfer, assignment or sublease to an affiliate or subsidiary of Lessee, shall not relieve <br />Lessee from its obligations to comply with all the covenants, terms, conditions and provisions of this <br />Lease, unless otherwise agreed in writing by Lessor. Provided further, the merger <br />another financially responsible corporation shall not require Lessor's consent. <br />Section 22. Arbitration <br />22.1 Arbitrable Disputes <br />If any dispute should arise between the parties hereto as to (a) whether any <br />provisions of this Lease have been breached or violated in any respect, (b) [he amt <br />royalties due for the coal mined or the amount of minimum royalty due, (c) whether <br />of coal is minable and merchantable, (d) whether or not Lessee has lost coal wh <br />otherwise been minable and merchantable and the amount thereof or (e) the res <br />propriety of any plans, decisions, determinations or actions made or taken by Lessee <br />'Lessee into <br />terms or <br />of tonnage <br />coal or area <br />would have <br />ieness or <br />the terms <br />of this Lease for which reasonableness and/or propriety aze required under the terms of this Lease, <br />I <br />then, as a condition precedent to the bringing of any court action in regard [o any such matter, the <br />controversy shall be submitted to final and binding arbitration as set forth in this Section Arbitration <br />Page 13 of 17 <br />