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payments under any prior leases to Lessee covering the Leased Premises (CO 3229 and CO 609); <br />provided hog+~ever, the present balances of the unrecouped advance minimum royalty payments under <br />previous leases shall each he recouped only from royalty due for coal produced Irom that part of the <br />Leased Premises previously covcrcd by each respective prior lease. Notwithstar~ling the foregoing <br />proviso. Lessee shall he entitled to credit up to _ ,.,~,1; ..~, the ease veer beginning <br />on October 28, 2001, against royalty due hereunder for coal produced from that part of the Leased <br />Premisis previously covcrcd by lease CO 3229 Gom present umecouped advance minimum royalty <br />pa}'ntents under previous lease CO 609. <br />In the event l,essce does not extract coal from the Leased Premises during the Primary Tetra, Isxtended <br />'ferm or any additional term so agreed to by lessor. the minintnm amounts above paid to the Lessor <br />will he forfeited. Acreage changes resulting from partial surrender or partial assignment shall reduce <br />the rental proponionately.Funhcr, at the end ofeach ]0-ycarpcriod, comntencingfrom the date hereof, <br />Lessor may reasonably change the rate or amount of advance minimum royalty to be paid by Lessee; <br />provided, however, any increase in the rate or amount of the advance minimum royalty shall not be <br />greater than the increase, if any, betH•ecn each such 10th year and each preceding year in the Producer <br />Price ]ndex, Table 5, Coal Mining,,as first published by U.S. Department of Labor Bureau of Labor <br />Statistics. <br />]n case of assignment of this Lease, all advance minimum royalty paid to the Lessor shall be carried <br />forward and credited to the new assignee. <br />S'I'A'i'l: BOARD OF LAND COMMISSIONERS <br />Recommended: <br />~_! <br />Minerals Director <br />~', ~;;~ " <br />r' ~ ., ~ <br />(• D'ir'ector at <br />..- <br />Page 2 of 10 <br />