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• c. To construct on the Leased Lands all buildings, structures, <br />preparation plants, road~vavs and associated facilities deemed <br />necessarv or desirable b_v Picketwire for carr~zng out the purposes <br />of this Lease; and <br />d. All of the other rights in respect to the Leased Lands which are <br />not expressly or by necessary implication granted Picketwire, and <br />which may be necessary for disposing of refuse generated by coal <br />benificiation operations at the Prep Plant. <br />2. Term of tease. <br />a. This Lease shall commence on the date first written above and <br />shall continue for a term of ten vears. Picketwire may extend the <br />term for an additional ten vears by giving notice to NCE prior to <br />the end of the first ten-vear period. <br />b. After June 30, 2001, this Lease will terminate with no further <br />action required by NCE if Picketwire fails to conduct operations <br />at the Prep Plant for a period of 365 consecutive days. In <br />calculating the 365 consecutive days, days on which Picketwire is <br />prevented from conducting mining operations by events of <br />• Force Majeure shall not be counted. Force Majeure shall include <br />all matters beyond the reasonable control of Picketwire, <br />including but not limited to, acts of God, riots, labor strikes, <br />insurrection, war, and floods. Should an event of Force Majeure <br />arise, Picketwire will use good faith efforts to eliminate said <br />event as soon as reasonably practical. <br />3. Payments to NCE. As full and complete compensation to NCE for the <br />rights granted Picketwire herein, Picketwire shall pay NCE on the anniversary date <br />of this Lease the sum of per year, plus Surface Damages. For <br />purposes of this Lease, "Surface Damages" shall mean cone-time fee of per acre <br />or fraction thereof, for each and every surface acre of the Leased Lands upon which <br />Picketwire temporarily places coal processing wastes, or machinery, buildings, roads <br />or other improvements related to such wastes or to operation of the Prep Plant; <br />provided, however, that the term "Surface Damages" and the one time payment of <br />the ~ is not applicable if the placement of coal processing wastes or "other <br />improvements" is permanent in nature so as to preclude use by NCE of the areas for <br />uses other than mining or mining related activity, and that in circumstances where <br />the use of the Leased Land rises to a permanent distrubance as referenced above, <br />Picketwire has the obligation to buv all permanently affected acres from NCE for <br />/acre; and provided further, that no Surface Damages shall be paid for <br />• <br /> <br />