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up such deficit by mining free from tonnage royalty a quantity of coal, over and above the quantity <br />requ'ved to equal the mirtimum annual royalty for such yeaz or yeazs. <br />7.3 Definition of Lease Year <br />A lease year is defined for all purposes of this Lease as any twelve-month period during the <br />term of this Lease beginning on October 25, 1999, or any annual anniversary thereof ahd ending the <br />day preceding the next succeeding annual anniversary thereof. <br />Section S. Taxes <br />Lessee shall pay, as applicable to the mineral estate herein leased, all taxes, levies or <br />assessments including, but not limited to, excise, license, privilege or severance taxes [hat may be <br />legally assessed, imposed or levied by any governmental authority upon or with respect to (a) the <br />Leased Premises; (b) this Lease or the leasehold estate hereby created; (c) all improvements and other <br />property placed upon the Leased Premises by Lessee pursuant to this Lease; (d) the coal mined and <br />removed hereunder and the products thereof; (e) the production or severance ofcoal from the Leased <br />Premises; or (f) the exercise of any right or privilege in connection with Lessee is operations <br />hereunder, when the same become due, and if any such taxes be paid by Lessor, then~Lessee shall <br />repay to Lessor the amount thereof upon demand. ~ <br />Section 9. Determination of Quantity of Coal Mined <br />9.1 Determination of Ouantity_ Generally i <br />For all coal mined and sold from the Leased Premises, the same scale weights that aze used <br />i <br />for all billing shall be accepted as conclusive of the quantity ofcoal so weighed and slopped. <br />9.2 Preservation of Records Reearding Ouantity and Price i <br />Lessee shall keep and preserve for a period ofnot less than three (3) yeazs accurate books of <br />account and other records showing the weights of coal mined from the Leased Premises nd showing <br />the gross selling price of each ton of coal produced and shipped from the Leased Prenuses. <br />Section 10. Access to Records; Monthly Statements ' <br />i <br />10.1 Access to Records , <br />Lessor and its agents shall have access at all reasonable business hours to the books and <br />records ofLessee showing the information required to be kept under this Lease. Lessee hereby grants <br />to Lessor, or its agents, the right to obtain from any trucking company or other common carrier <br />(collectively "transporter") on which coal mined hereunder shall be shipped, information as to the <br />quantity of coal mined hereunder and shipped via such transporter at such time, or times, as Lessor <br />Page 5 of 17 <br />