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. _' 7 _ <br />( • <br />after a suspension of such operations occuring ::ubse+p+ent Co the end of <br />tl+e primary term. Lessee shall use diiiycnce in searclai nq foe a satisfactory <br />market for [he coal dascovured on at produced Cram the leased premises <br />during such lack of market IK rinds, and when ~ satisfactory make[ <br />bncomes available, Lessee shall have a reasonable time thereafter within <br />which to complete or resume operations Eor actual produc [ion and marketing <br />of coal Erom rho !cased premises. <br />b. If this lease is not maintained in Lorce and effect beyond the <br />initial primary term of ten (1D) years under the provisions of section <br />1. a.(Lessec shall have the option right to extend the primary term for <br />one additional five (5) year period. Thar option shall be ezerc ised by <br />serving written notice of Lessee's election upon Lessor not less Chan / <br />ninety (901 days before expiration of ':he initial primary term, and by <br />maki+ig eencu rrent payment to the deposi tozy bank designated below of the <br />amount of twenty five dollars (575) per acre as consideration for said <br />extension. 'Chat payment Eor the extension shall be inclusive and in lieu <br />of both hasic acreage rental and delay rental for the first year of the <br />extension, beang the eleventh year of the lease term.) All terms and <br />conditions of this lease shall remain applicable upon such extension, <br />and references to the primary term shall apply to the said extension of <br />i t. <br />c. Lessor reserves the tight at all times during the term of this <br />lease to go upon the leased yremises and every part thereof, for the <br />purpose of inspecting same, and of ascertaining vhe Cher or not said <br />Lessee and those holding thereunder, by and from it, ate carrying out <br />the terms, covenants and agreements in this lease contained. <br />7. MINING PRIVILEGES. a. The Lessee shalt have Ue tight and <br />privilege of constructing and maintaining tunnels, passages, pits, <br />• roads, buildings, and other facilities for the purposes of mining any <br />1 coal which the said Lessee may be entitled to mine and remove in accot- <br />dance with the terms hereof. <br />b. Lessee agrees not to proceed with any surface mining operations <br />hereunder which would disturb the surface overlyin9~a particular tract <br />of coal included in the instant lease without the prior understa ndinq <br />and consenc of the owner of that surface overlying the coal tract for <br />which such activity is planned; provided, however, lessee is not re- <br />quired to obtain the concommitant consent of all surface owners covering <br />dll oC the subject coal lands covered by this lease before proceeding to <br />perEOCm operations hereunde[ with respect to Chat suzface as to which <br />such surface consents has been obtained. <br />7. BASIC ACREAGE RENTAL. Lessee shall pay Lessor a basic annual <br />rental per acre or fraction thereof Eor the leased premises as follows: <br />1st year - E'iva Dollars (55.00) <br />Ind year and thereafter - Three Dollars ($7.00) <br />4. DELAY RENTALS. a. If development ar mining operations are not <br />commenced on the leased premises on oc before the 1st day of !larch, 1971. <br />this lease shall terminate as to both parties, unless the Lessee shall <br />on or he fore sa Ld date pay or tender to the Lessor the sum of Sixty <br />Eight Ilund red dollars (56,R 001 computed on the basis of Five Dollars <br />(55.001 pet acre for 1,360 acres, which shall operate as a delay rental <br />and cover the privilege of deferring the commencement of bona Eide <br />down lopment of mining o{:crations Eor a )+e rind of one year. In like <br />manner and upon annual delay ren W1 pa}•mcnts or to ndcrs in the same <br />amount, communcemcnt of such operations may be Eurehet deferred Eor like <br />periods success avely during [hn primary term. During the primary term <br />hc[coE .ud after cemmcnccmunl of devc lopment or mininy opetations, if <br />I.essec suspends such operations Eor any reason for a continuous PL ri od <br />/~ of 90 days o[ morn, then tlus lmsc shall [c rmi w [c on the anniversary <br />. of the cfL•r ti vc da tc next occurri nq aft cr thr. rnd of such 90 day pc ri wJ <br />of sus pens wn unless Lcs::cc tenders delay rental as above provided on or <br />before such lmse anniversary data Eor the pr iv ileyc of con tinuinq such <br />swpcnsion Eor an ndditiowl iwclvo-month pc wind, .nd in lake manner <br />fe•ss cc may tout vale Lu ': ufq ••nd ::u~~h upc raeiou:: fur sac ecssavr. cwclvc- <br />month IK rinds during the priiairy to nn by tundurinq delay rental payments <br />on or before car): cucer:a ive !rase anniversary da [e. Delay rcnW1 <br />pa ymcu la ,arc nut tutu u.leblu except pursuant to the Vrovisions of Suction <br /> <br />