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c ~~.. <br />• <br />turn Flatiron Paving Company shall pay said payments to H-E <br />Lowdermilk Company and to C. Carew McFall. Walden Coal <br />Company shall make all said payments to Flatiron Paving <br />Company at least five (5) days before said payments are due <br />by Flatiron Paving Company to H-E Lowdermilk Company or C. <br />Carew McFall. Walden Coal Company assumes and shall be <br />bound by each and every other covenant, condition, responsi- <br />bility, and obligation contained in the H-E Lowdermilk <br />Sublease to the same extent as though it had been the orig- <br />inal sublessee. <br />IV. <br />• Payments Directly to H-E Lowdermilk Company <br />or C. Carew McFall <br />Walden Coal Company may make payments due by Flatiron <br />Paving Company under the H-E Lowdermilk Sublease directly to <br />H-E Lowdermilk Company or to C. Carew McFall should Flatiron <br />Paving Company fail or refuse to do so. In the event Walden <br />Coal Company has made payments to Flatiron Paving Company <br />who in turn fails or refuses to make required payments to H- <br />E Lowdermilk Company or to C. Carew McFall, thereby neces- <br />sitating Walden Coal Company to pay H-E Lowdermilk Company <br />or C. Carew McFall, Flatiron Paving Company shall immedi- <br />ately reimburse Walden Coal Company therefor, together with <br />interest at the rate of twelve percent (128) per annum until <br />• paid. Walden Coal Company shall be entitled to attorney <br />fees and costs if suit is commenced to collect said pay- <br />ments. <br />V. <br />Sublease Assignable <br />This Coal Sublease shall be assignable, provided, <br />however, that the assignee must be suitable to Flatiron <br />• Paving Company and its written permission obtained thirty <br />(30) days in advance of any assignment hereof. Flatiron <br />Paving Company agrees to be reasonable in extending its <br />permission to an assignment. <br />- 3- <br />