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4) Lessee shall leave thr right to remove all or any part of the coal from :aid real estate by rlr~rp mining, slope, shaFt, or strip mining methods whichever it deems advis~ible. It is understood that the surface of the real estate described herein ma.y ba excavated in whole or in part to remove the overburden in connection with the removal of any coal by any of the mining methods described above and Lessee shall restore the surface of the real estatr_ to a reasonable facsimile of the original terrain and in compliance with the laws of the Sl.atr~ .if Colorado and the United States applicable to such mining operations. It is further understood that the Surface owner(s) of the hereindesr.ribed property is entitled to a security bond equal in valor to any loss anti.: ipat~~d to be incurred by the surface owner not to exceed the value of the ~.urFaco interest of the property. 5) Lessor herrby represents that it is the owner of the coal underlying said real esl•rt,~ and have the right to grant to Lessee the right to remove the coal from ,.aid real estate as herein set forth. fi) I[ is understand Chat the type of operation contemplated by Lessee necessitates the acquisition of coal leases covering other property from which coal may be mino~l and removed. The rate and extent of mining and removal operations on the real estate described herein shall be at the sole discretion of Lessee; irnw^ver, Lessee must maintain mini~~lu~a monthly produc- tion requirements of ?,;'110 lens fur seven (1) months for each year of this lease, Camrwncinq sixty tfi0) days after all required permits necessary to open and operate the mina are issued. Failure to meet minimum production tonnage for any year during the term of this lease will grant Lessors the option to terminate this Lease with sixty (60) days notice to Lessees. Lessors' failure to exni.iiLe this option does not constitute a waiver of the same. 7) If the minnr.rl interests described herein are encumbered by a mortgage, 1 ien .or other charge, Lessee shat I have the right to pay such mortgage, lien, or other charge if it should become delinquent and deduct the same from the producl.iun royalties payable to Lessor hereunder. F3) Lessor shall nay all taxes and assessments levied or assessed against the real estate ,Iru:rihed herein during the term of this Coal Lease; Lessor. shall pay all taxes and assessments levied or assessed against any improvements, structures, and appurtenances which it places on said real estal.~; Lessee shall nay all taxes and assessments levied or assessed against any machinery anal equipment owned by Lessee and located on said real estate; anri Lessee shall pa,y all severance taxes unposed on account of the removal of coal from thr~ real estate described herein. 9) Lessee. shall :,n rnnduct its operations hereunder as not to violate any riohts of lateral ~n' subjacent support now belonging to any person, other than Lessor who mny own the surface of any part of the lands included herein or who may own a~l.jnininq lands or he a Lessee of adjoining lands for coal in fining or other pin pnsns; and if there shall arise any question of damau- to any su~:h persn~~, ni to any public, highway on any part of the lands incl~~~lnd herein nr adjui~~~nq lands, or 'n the person or property of any one travrlinq over any surly hi~:InvaV, caused by operations of Lessee, lessee shall and dues assume all ~~~~.punsibilit,y without. claim upon Lessor except to its a•sist.ance and sul~;~~nl in the proper defense of all mining rights cove,~•d by its titles, le~sre bearing all costs and expenses, legal and otherwise, connected the ~~"•,ilh. -?-