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ruling by the appeal tribunal shall be final and binding and judgment may be entered by a <br />court having jurisdiction. <br />Unless otherwise agreed in writing by Grantor and Grantee, performance of <br />their respective obligations under this Agreement shall be continued in full by the parties <br />during the arbitration process. The parties stipulate that this Agreement constitutes a <br />contract evidencing a transaction involving commerce and that this section is enforceable <br />under the Federal Arbitration Act (9 U.S.C.A. §§ 1 et seq.). <br />13. Rights Subordinate to Grantor's. It is further understood and agreed <br />that Grantor may own rights to mine and remove coal on the properties over which the <br />THIZ lie and, accordingly, Grantee agrees and understands that its rights to use the TFIR <br />and to mine its coal are and shall be subject to Grantor's rights to mine their respective <br />coal as such rights are set forth in the applicable leases governing such rights, including, <br />but not limited to, their respective rights to remove support and subside all overlying <br />coal, strata and the surface and to relocate the THR as they deem convenient for their <br />respective operations. <br />14. Notices. All notices, requests, demands and other communications <br />given or made pursuant hereto shall be in writing and shall be deemed to have been duly <br />given only if delivered personally or sent by registered or certified mail, postage prepaid, <br />return receipt requested, to the parties at the following addresses: <br />[C0907265.1} <br /> <br />3-4.58 <br />