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and otherwise complying with laws and regulations; and generally such other rights and <br />privileges as Lessee may find necessary or convenient for the proper exercise and <br />enjoyment. of all rights and privileges mentioned in the Lease. <br />Lessee also may make use of the surface in Section 13 of the Leased Premises in thy; <br />exercise o:f all rights granted under the Lease, including the making of openings; the: <br />construction of shafts and other necessary and convenient installations and <br />improvements; and the installation of such buildings, appliances and equipment as shall <br />be appropriate and proper for the conducting of mining and other properly allied <br />operations. <br />2. Term. The Lease is effective as of January 1, 2008 and terminating on December 31, <br />2012, witY- certain rights of termination. Thereafter, if the Lessee is not in default cinder <br />any of the terms of the Leases, the Lease shall automatically extend or renew by Lessee <br />for one (1;- year terms; provided that if at any time during the initial term of the Lease <br />Lessee shall have mined and removed all of the merchantable and minable coal in the <br />Leased Premises, the Lease shall cease and terminate upon the completion of such mining <br />and removal and receipt by Lessor of written notice from Lessee thereof. <br />3. Incorporal:ion of Lease. The provisions set forth in the Lease are hereby incorporated <br />into this Memorandum as if set out in full herein. In the event of any conflict or <br />inconsistency between the terms of this Memorandum and the terms of the Lease, the <br />terms of the Lease shall govern and control for all purposes. <br />4. Effect of lylemorandum. The sole purpose of this Memorandum is to give notice of'the <br />Lease. Tl:-is Memorandum shall not modify in any manner the terms, conditions or intent <br />of the Lease and the parties agree that this Memorandum is not intended nor shall it be <br />used to interpret the Lease or determine the intent of the parties. <br />5. Defined Terms. All capitalized terms and words of art which are used but not defined <br />herein shall have the same respective meaning designated for such terms in the Lease. <br />6. No Liti~a~tion. There is no litigation pending or threatened concerning this Lease or the <br />rights granted therein. <br />IN WITNESS WHEREOF, the undersigned has reviewed the referenced Lease and <br />acknowledges and admits to the truth and veracity of the statements contained in this <br />Memorandum concerning such Lease and has caused this Memorandum to be executed effective <br />as of the Effective Date set forth above. <br />