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~ .;..c <br /> <br /> <br />~ ^ ^ <br />u <br />nnn~4~4 7 ~'~I~., J~~' <br />(ii) to give (;race and Nanna written notice in <br />the manne[ provided in paragraph 3(a) of the Agree- <br />ment on or before the fifth working day of each month <br />of the number of tons of coal mined under the Lease <br />from below said 5th Seam during the immediately pre- <br />ceding month and, in like manner, to furnish Grace <br />and Hanna copies of all production and royalty re- <br />ports required under the Lease or by any governmental <br />agency within ten days of the dace required for the <br />making of such reports, and Grace and Hanna are hereby <br />authorized and granted permission to inspect and copy <br />such reports in the office of said governmental agency; <br />(iii) prior to any assignment of the Lease to a <br />third party, to bind the third party (a) to accept <br />personally 'the obligations set forth in the above <br />covenants (i) and (ii), and (b) to impose on any <br />assignee of the third party the obligations set forth <br />in those covenants and the obligation to impose such <br />obligations upon future successive assignees of the <br />Lease. <br />(iv) to assume and to pay and discharge in due <br />' course all the liabilities. of Grace existing on the <br />date hereof arising out of, or in any way relating to, <br />the Lease, and to assume and to perform and fulfill the <br />obligations to be performed and fulfilled subsequent to <br />the date hereof under the Lease. <br />The above covenants (i), (i i) and (iii) and the obligations there- <br />under shall continue so long as the obligations of Hanna under <br />the Agreement continue. <br />IN WITNESS WHEREOF, this assignment has been executed <br />and accepted by the parties hereto on January ~ C1, 1978. <br />W. A. GRACE 6 CO. <br />~, <br />~7„ ~ l <br />BY N ~.i :b~ <br />C <br />Accepted Chis ~_ day of January, 1978. <br />H-G COAL COMPANY <br />By Coalgra ce, Inc. <br />~~f:'~ ~~ <br />BY `( ~~) <br />~~ <br />By Hanwest, Ino~ <br />7 <br />