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coal, then, subject to Lessor's right to dispute Lessee's aforesaid determination by art <br />coal need not be mined or paid for. Lessee shall be under no obligation to pay r< <br />otherwise minable and merchantable coal left in place because of requirements of la <br />reasonable protection of gas wells, oil wells, power lines, telephone or telegraph lines, <br />or improvements on the surface. <br />12.4 Encroachment of Boundazies <br />Lessee shall not a[ any time drive any drift, tunnel, slope, shaft, room, entry, <br />within fifty (50) feet of the boundary line of owners of adjoining premises (crop b <br />included) unless the written consent of the owner of the adjoining property shall be <br />obtained. <br />12.5 Loss of Recoverable Coal - Damaees <br />i[ion, such <br />Ity on any <br />or for the <br />structures <br />au• course <br />daries not <br />t had and <br />Lessee covenants and agrees that if at any time it shall not fully comply with all provisions of <br />this Lease and loss of coal to Lessor shall thereby result, Lessee shall pay to Lessor the full amount <br />of royalty on the estimated tonnage of minable and merchantable coal lost or that may remain <br />unmined by Lessee by reason of failure of Lessee to comply with all provisions of this Lease as <br />aforesaid, such royalty to be recovered in default of prompt payment in the same manner as other <br />royalties. The amount of tonnage lost or that may remain unmined as aforesaid may be estimated by <br />calculation of the cubical content thereof, as shown on the mine maps required to ~be furnished <br />hereunder by Lessee, with such changes thereof by Lessor or its engineers as the fact <br />and applying to such cubical azea the number of pounds per cubic foot which the coal <br />weighs, and by taking into consideration the coal that would have been left if such a <br />mined in accordance with the requirements hereof and by taking into consideration tl <br />of weight that would have been lost by sizing and cleaning. The royalty on such coal lo: <br />remain unmined shall be payable at the next royalty payment date following the loss t <br />failure to mine the coal. The value ofsuch coal for the purpose of determining the ro <br />based upon selling price, shall be the mazket value ofsuch coal ifthe same had been min <br />ofsuch loss or failure to mine. If Lessee shall pay royalty on any coal claimed to haul <br />left unmined, it shall thereafter during the life ofthis Lease, and only during the life ofthi <br />the right to mine any such coal Gee from the payment of any additional royalty therec <br />12.6 Mine Maps and Other Data Reearding Leased Premises <br />Lessee shall prepaze and keep up a map of the seam or seams in which Lease <br />mining, which map shall be posted at least every three (3) months and shall show a~ <br />completely the boundaries of all the land included in the Leased Premises, all mine v <br />thickness of the leased seams at vazious points and all other customary and necessary <br />may justify, <br />n such seam <br />ca had been <br />proportion <br />or that may <br />ereof or the <br />salty thereon <br />:d at the time <br />been lost or <br />Lease, have <br />1. <br />is currently <br />curately and <br />orkings, the <br />information. <br />Page 7 of 17 <br />