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Twentymile's operations upon or underneath the Lands nor a breach of <br />Surface Owner's express or implied covenant of quiet enjoyment. <br />6. Repairs. During the term of this Agreement, Twentymile shall be solely liable for <br />making all repairs to the Lands and any structures located thereon necessitated by <br />Twentymile's (a) surveying; (b) environmental, engineering and geologic <br />investigations; and (c) removal of coal from beneath the surface of the Mine Lands. <br />Twentymile shall be responsible for the cost of all repairs made by it in accordance <br />with this Agreement. All repairs shall be done in a workmanlike manner by <br />Twentymile to Surface Owner's reasonable satisfaction; however, prior to the <br />commencement of and following the completion of any repair work, Twentymile <br />shall notify Surface Owner of such in order to allow a representative of Surface <br />Owner to be present during and after such work has been completed by <br />Twentymile. Twentymile shall not be obligated to perform repairs to the Lands or <br />any structures located thereon beyond that which may be necessary to restore the <br />Lands or structures located thereon, therein or thereunder to substantially the same <br />condition which existed prior to such damage. Twentymile shall not be obligated to <br />make or pay for any repairs to Surface Owner's Lands or the improvements located <br />thereon, therein or thereunder due to the negligence of Surface Owner or its agents, <br />employees or invitees. Within one (1) year after Twentymile completes its coal <br />mining operations underneath the surface of the Lands, Surface Owner shall <br />inspect the Lands and the improvements located thereon, therein and thereunder <br />and Twentymile shall complete any final repairs that may be required. <br />Notwithstanding anything contained herein to the contrary, after this Agreement <br />expires, or the Agreement is terminated prior to the commencement of underground <br />mining operations by Twentymile, any and all obligations to repair the Lands and the <br />improvements located thereon, therein or thereunder, including all liability for such <br />repairs, shall be borne by Surface Owner at its sole cost, risk and expense. <br />7. Subsidence Surveys. Twentymile may establish subsidence monitoring <br />monuments on the Lands and survey as needed. Once Twentymile begins <br />removing coal from beneath the surface of the Mine Lands, it may conduct <br />subsidence monitoring surveys of the Lands. <br />8. Acceptance. Twentymile accepts the Lands as suitable for Twentymile's uses and <br />purposes set forth hereinabove. <br />9. Gates. Twentymile agrees to keep all gates on the Lands open or closed as found. <br />The parties mutually agree to keep all gates locked in such a manner so as to <br />permit access by both Surface Owner and Twentymile at any time, either by a <br />double lock system or otherwise. Twentymile agrees to limit access to the Lands, <br />including the distribution of keys to any lock(s), to those employees, agents, <br />licensees, contractors, subcontractors and invitees of Twentymile who are engaged <br />in Twentymile's operations on the Lands. <br />70. Waste. Twentymile shall not commit or knowingly allow another to commit any <br />waste or nuisance upon the Lands. Twentymile shall not destroy, deface or <br />cosubsid.doc/Itg - 6 <br />