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• December 16, 1976.("Original Agreement"), and desire to <br />amend and restate the Original Agreement as set forth herein. <br />NOW, THEREFORE, in consideration of the premises and <br />covenants herein, PURCHASER and SELLER agree to amend and <br />restate their Agreement as follows: <br />1.01 Mutual Obligations. SELLER agrees to mine and <br />sell coal to PURCHASER and PURCH_~SER agrees to buy coal <br />from SELLER on the terms and conditions and in the quan- <br />ti ties set forth below. <br />2.01 SELLER's Reserves and Preparations for Sellin <br />Coal. SELLER represents that SELLER owns or controls the <br />Coal Property and that the Coal Property contains economic- <br />. ally recoverable coal of a quality and in quantities which, <br />under present mining laws and practices, will be sufficient <br />to satisfy the requirements of this Agreement. SELLER agrees <br />and warrants that it will proceed deliberately to develop <br />and construct a mine and mine coal from the Coal Property <br />and to construct or otherwise provide loading facilities <br />capable of loading at the rate required to comply with this <br />Agreement all on such a schedule as to put SELLER in posi- <br />tion to commence its selling and delivering of coal to <br />PURCHASER hereunder in accordance with the further provi- <br />sions hereof. SELLER agrees and warrants that it will not <br />use or sell coal to others from the Coal Property that will <br />• reduce the economically recoverable balance of coal in the <br />Coal Property to an amount less than the amount required to <br />-'- <br />