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Section 4. Puraose of Lease and Definition of Minable and Merchantable Coal <br />The Purpose of the term commencing as of the effective date is for the mining, by deep or <br />drift mining methods of the minable and merchantable coal from the Menefee "A" Seam located <br />within the Leased Premises. Accordingly, during the term of this Lease, Lessee shall have the <br />exclusive right and privilege ofmining the minable and merchantable coal within the Leased Premises <br />by deep, or drift mining methods from the Menefee "A"Seam. The term "minable and merchantable <br />coal," as used in this Lease, means coal which when reached in a proper plan of mining and <br />development in the normal course of the Lessee's operations hereunder can ordinarily be mined, <br />prepared and sold at a profit by diligent and skillful management and by the use of~methods and <br />machinery which at the time are appropriate, modern and efficient. <br />Section 5. Prospecting; Use of Surface <br />5.1 Prospecting <br />Lessor, its officers, agents, employees and others designated by it shall have the right to <br />inspect any prospecting or exploration of any type which may be conducted on the Leased Premises <br />or on adverse property that is within 100' of the Leased Premises. To that end, Lessee shall give <br />Lessor adequate prior notice of the time, place and nature of all prospecting or exploration activities. <br />Furthermore, prior to the performance of any acts of prospecting or exploration, Lessee shall submit <br />to Lessor, in writing, Lessee's plan and methods to be employed by it in this regard. ~ Any and all <br />information and data which beazs on the Leased Premises obtained by Lessee, its agents, servants <br />and/or employees, from the prospecting and exploratory activities conducted by it hereunder shall be <br />made available to Lessor and copies ofany such information and/or data in the possession or control <br />i <br />of Lessee, its officers, agents, or employees shall be furnished upon request and without cost to <br />Lessor.by Lessee. <br />5.2 Use of Surface <br />In addition to the other rights granted Lessee hereunder, with respect to those portions ofthe <br />i <br />Leased Premises owned in fee by Lessor, Lessee shall have the right to use in a safe; reasonable, <br />proper and legal manner so much of the surface thereof as may be necessary for Lessee's mining <br />operations hereunder. <br />Section 6. Coal Royalties <br />6.1 Rovalri Rates: Ro}_alties Percentage of Sales <br />As rental for the term commencing on the effective date hereof, Lessee hereby covenants and <br />agrees to pay unto Lessor, without necessity of previous demand, at the times hereinafter specified <br />and at such place or places as Lessor shall from time to time designate in writing, a royalty on all coal <br />Page 3 of 17 <br />