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..a-x..-.u.. -;•?w.:??.Sx-?r.>._y..r-s,.o-sr5.,-?..-,;?..s„x..-vr?...y.a?.u?-,-?.i. ...+t ?.s.? .? <br />UnitedStates <br />Department of the Interior <br />Bureau of Land h+Ianagement Serial Number <br />Coal Lease Addendmu C-1352 <br />Coal Lease C-1362 is hereby amended by this addendum: <br />PART L LEASE RIGHTS GRANTED <br /> <br />See. 3. Notwithstanding the language in Sec. 2 of this lease and subject to the terms and <br />conditions below, lessee is authorized to drill for, extram remove, develop, prods= and <br />capture for use or sale any or all of the coal mine methane from the above described lands <br />that it would otherwise be required to vent or discharge for safety purposes by applicable <br />laws and regulations. For purposes of this lease, "coal mine methane" means any <br />combustible gas located in, over, under, or adjacent to the coal resources subject w this <br />lease, that will or may infiltrate underground mining operations. <br />SecA. Notwithstanding any other provision of this lease, nothing herein shall, nor shall it <br />be interpreted to, waive, alter or amend lessee's right to vent, discharge or otherwise <br />dispose of coal mine methane as necessary for mine safety or to mine the coal deposits <br />consistent with permitted underground mining operations and federal and state law and <br />regulation. Lessee shall not be obligated or required to capture for use or We coal mine <br />methane that would otherwise be vented or discharged if the capture of coal mine <br />methane, independent of activities related to mining coal, is not economically feasible or <br />if the coal mine methane must be vented in order to abate the potential hazard to the <br />health or safety of the coal miners or coal mining activities. In the event of a dispute <br />between lessor and lessee as to the economic or other feasibility of capturing for use or <br />sale the coal mine methane, lessoes remedy as a prevailing party shall be limited to <br />recovery of compensatory royalties on coal mine methane not captured for use or sale by <br />lessee. Lessee shall have the right to continue all mining activities under this lease, <br />including venting coal mire methane, pending resolution of any dispute regarding the <br />application of the terms of Sections 3 and 4. <br />PART EL TERMS AND CONDITIONS <br />See. 2 <br /> <br />Lu - (c) COAL MINE itf ANE ©PERATIOATS AND ROYALTIES - Notwithstanding the <br />tip language in Fart IL Sec. 2 (a) of this lease, the royalty shall be 12.5 percent of the value <br />- =of any coal mine methane that is cap ftrced for use or sale from this-lease. For purposes of <br />"c this lease, the term "capture for use or sale" shall not include and the royalty shall not <br />t-. -s apply to coal mine methane that is vented or discharged and not captured for the <br />economic or safety reasons described in Part 1, Sec. 4 of this lease. Lessee shall have no <br />'4Z obligation to pay royalties on any coal mine methane that is used on or for the benefit of <br />0 °o mineral extraction at the West Ells coat mine. When not inconsistent with any express <br />=` C-J