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]l. AGREEMENTS OUTSIDE THE TERMS OF TH]S LEASE -- No assignment of undivided interests or <br />retention or reservation of overriding royalties will be recognized or approved by Lessor; and the effect, if <br />any, of any such assignments or reservations will be strictly and only as between the parties thereto, attd <br />ouuide the terms of this Lease, and no dispute between parties to any such assignment of reservation shall <br />operate to relieve Lessee from performance of any terms or conditiorss hereof or to postpone the time <br />therefor. Lessor will and shall at all times be entitled to look solely to Lessee or its assignee shown on <br />Lessor's books as being the sole owner hereof, and for the sending of all notices required by this Lease-and <br />for the performance of all terms and conditions hereof. <br />Although not binding on Lessor, all instruments of every kind and nature whatsoever, including but <br />not limited to sublease agreements and operating agreements, affecting this Lease shall be filed in the recotda <br />of the Mineral Department of Lessor. Upon request, such instrumenu famished may be kept confidential <br />as wnsistent within the law. <br />]2. REPORTS -After operations begin, it is agreed that on or before the last day of each and every month <br />during the term of this Lease Lessee shall make a sworn, verified, written report to Lessor, in which report <br />shall be entered and set down the exact amount in weight of all coal mined and removed from the Leased <br />Premises and the price at the first point of sale for which the coal was sold during the preceding calendar <br />month ,which report shall show the amount of work performed during the preceding calendar month. Lessee <br />shall also, during the term of this Lease, make a sworn, verified, written statement to Lessor disclosing the <br />number of tons of all coal mined from the Leased Premises during the preceding year and such annual <br />statemenu may coincide with Lessee's fiscal yeazs or with official calendar years. Further, Lessee shall <br />famish a map annually showing all workings, depths and thicknesses of coal with location of same tied W <br />a corner established by United States survey, certified by a licensed surveyor. <br />Lessee must provide to Lessor, upon request, a complete report on exploration operations, including <br />geologic interpretations and recoverable reserve calculations, and maps and cross sections showing location <br />of any coal outcrops, drill holes, uenches, coal bodies and other prospecting and exploration activities. The <br />records required to be maintained by_Lessee and provided w-Lessor-upon request include logs of all skate <br />- penetrated and all geologic and hydrologic conditions encountered, and copies of iu-hole surveys-this <br />information to be collected and prepazed under the supervision of a qualified geologist, geological engineer <br />or mining engineer. Other qualified persons may collect and prepare this data if agreed to in writing between <br />Lessee and Lessor. <br />Lessor shall keep all information submitted to Lessor, confidential as consistent with State law. <br />Lessee shall submit, if required by Lessor, such additional reports, records or documents regarding <br />Lessee's operations on the Leased Premises as necessary for the purpose of determining compliance with lease <br />provisions. <br />13. OPERATION PLAN -All plans for mining may be requested by Lessor for review and approval before <br />these operations begin to determine that the maximum economically recoverable coal will be mined. Such <br />approval will no[ be unreasonably withheld and if not given within ninety days shall be deemed to have beers <br />approved. Reasons for denial of the operating plan will be limited to utilizing the Lease Premises for <br />development only, such as access or ventilation, or for the leaving in place of a barrier pillar which exceeds <br />forty percent of the in place coal for any government aliquot one-quarter section. If Lessee chooses to.leave <br />more than forty percent of the economically recoverable coal, approval of the mine plan will be granted by <br />Lessor if Lessee pays to Lessor an amount equal to 5.15/ton for each unmined ton in excess of 4096 so left. <br />]f Lessee and Lessor can not agree on any or all of the terms of this paragraph 13, Lessee and Lessor shall <br />be bound by the decision of a mutually acceptable third party. <br />]4. ENVIRONMENTAL ANALYSIS -This paragraph omitted. <br />Page ~ of 1~ <br />