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PERMFILE118075
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PERMFILE118075
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Last modified
8/24/2016 10:13:46 PM
Creation date
11/25/2007 4:42:16 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981035A
IBM Index Class Name
Permit File
Doc Date
12/11/2001
Section_Exhibit Name
2.03.6 EXHIBIT C TO COAL LEASE
Media Type
D
Archive
Yes
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hereunder shall not constitute a condition precedent, limitation or restriction of any of Lessor's <br />remedies set forth in Section 20 except only with regazd to court action to the extent set forth above. <br />22.2 Selection of Arbitrators <br />The party desiring to submit such controversy to arbitration shall give to the other party <br />fifteen (15) days' notice in writing by certified mail, return receipt requested, specifying (definitely the <br />matter upon which an award is desved, and naming the arbitrator selected by such party, and the <br />other party, within fifteen (15) days after the receipt of such notice, shall give written notice by <br />certified mail, retum receipt requested, to the party desiring such arbitration ofthe arbitrator selected <br />by it (or if such other party shall fail to give such notice within fifteen (15) days as aforei aid, then the <br />party desiring to submit such controversy to arbitration shall select the second arbitrator), and the two <br />arbitrators so chosen shall select a third. If such two arbitrators are unable to agreeupon a third <br />arbitrator within twenty (20) days from the naming of the second arbitrator, the third arbitrator shall <br />be appointed by the American Arbitration Association upon application ofeither ofthe parties hereto. <br />22.3 Arbitration Hearing; Bindin¢ Effect of Award <br />The arbitrators thus chosen shall give to each of the parties hereto written notice of the time <br />and place of hearing (which hearing shall be held not less than ten (10) days, nor more than twenty <br />(20) days, after the selection of the third arbitrator, and at the time and place appointed) and shall <br />proceed with the hearing unless for some good cause, of which the azbitrators, or a majority of them, <br />shall be the judges, it shall be postponed until some later day within a reasonable time. Both parties <br />hereto shall have full opportunity to be heard on the question thus submitted, and the determination <br />of the arbitrators, or a majority ofthem, shall be made in writing, and a copy thereofdelii ered to each <br />of the parties hereto, and shall be final and binding upon the parties with reference to the question, <br />or questions, thus submitted. However, if for any reason a final award shall not have' <br />the arbitrators within three (3) months from the date of the naming of the second a <br />arbitration shall be of no effect, and either party may bring suit or action with respect <br />involved in such controversy, unless both of the parties shall nevertheless proce <br />arbitration. <br />22.4 Costs of Arbitration <br />The arbitrators shall decide which party, or what proportion each party to <br />shall pay the costs of such arbitration. <br />Section 23. Notices and Payments <br />All notices and/or payments necessary to be given under the terms ofthis <br />directed to Lessor as shown on Exhibit C as attached hereto and to Lessee as he <br />to such other address as each party hereto may designate by written notice to the <br />n made by <br />:rator, the <br />the matter <br />with such <br />arbitration, <br />shall be <br />shown or <br />party and <br />Page 19 of 17 <br />
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