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<br />• and Carbon Coal Company, Cavanal Coal Company, Carbon Energy, Inc., Charles
<br />Martin and William Roberts, Peacock Coal Company, ar~d Sunbelt Mining, Inc.,
<br />a Colorado corporation.
<br />11) Lessee shall so conduct its operations hereunder as not to violate
<br />any rights of lateral or subjacent support now belonging to any person,
<br />other than Lessor or farm tenants of Lessor, who may own tine surface of any
<br />part of the lands included herein or who may own adjoininq lands or be a
<br />lessee of adjoininq lands for coal mining or other purposes; and if there
<br />shall arise any question of damage to any such person, or to any public
<br />highway on any part of the lands included lie rein or adjoining lands, or to
<br />the person or property of any one traveling over any such highway, caused by
<br />operations of Lessee, Lessee shall and does assume all responsibility
<br />without claim upon Lessor except to its assistance and support in the proper
<br />defense of all mining rights covered by its titles, Lessee bearing al] costs
<br />and expenses, legal and otherwise, connected therewith.
<br />12) Lessee shall not mortgage, assign, convey, sublet, or set over any
<br />of its estate, interest or rights hereunder or any part thereof, except with
<br />the written consent of Lessor and the written assumption by the transferee
<br />of all the obligations of Lessee in form satisfactory to Lessor; and no
<br />judicial or other sale or transfer of any kind, whether under any writ,
<br />order or decree issued by any court or judicial officer or tribunal, or in
<br />• compliance with any order or decree of any court of equity or in any pro-
<br /> ceedings in bankruptcy, shall have the effect of transferring this lease or
<br /> any of the estate, interest or rights of Lessee for any time or term, except
<br />• with the written consent of Lessor and the written assumption
<br />feree of all the obligations of Lessee in form satisfactory to by the trans-
<br />Lessor.
<br />13) Lessor, however, shall consent in writing to an assignment by
<br />Lessee of its rights hereunder to a Colorado General Partnership with Lessee
<br />as a partner, or to any corporation subsidiary to or affiliated with or
<br />resulting from merger or consolidation of Lessee, provided any such assignee
<br />is as strong financially as Lessee and assumes in writing all the obliga-
<br />tions of Lessee in a form satisfactory to Lessor.
<br />!4) Lessor, and its agents, shall at all reasonable times have the
<br />right of entering the works and mines of Lessee in, upon or under the lands
<br />included herein to inspect, examine, survey or measure the same, or any part
<br />thereof or for any rightful purpose and for those purposes to use freely the
<br />means of access to said works and mines.
<br />15) It is also understood and agreed that the failure of the Lessee to
<br />pay the rent or royalty as herein stipulated, or the failure of the Lessee
<br />to comply with any term, provision or condition of this lease the Lessors,
<br />upon fifteen (15) days written notice to Lessee at its office in Durango,
<br />Colorado, specifying the default ur defaults clai~~~ed by Lessors, shall have
<br />the right to declare a forfeiture of this lease, and after such declaration
<br />. of forfeiture this lease shall terminatF and end, provided, however, that if
<br />said Lessee shall pay or remeey the cefoult or defaults claimed t;y said
<br />Lessors in said written notice within the said period of fifteen (15) days,
<br />then this lease shall remain, be and continue in full force and effect and
<br />to the same extent as though said notice had never been given.
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