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1111111111111111111111111111111111111111111111111111111 9 991, <br />` 0216'2004 09ASA <br />C KRUSE, CLK &REC MONTROSE, CO LSE R 56.00 0 0.00 <br />that part of the New Benson Property and Rights, which are in Lessee's opinion legally <br />available to Lessee. <br />4. Rental Payment. Lessee shall pay to Lessor, as total payment for all of the <br />benefits secured by Lessee under or in connection with this Lease, the following rental <br />payments, when and to the extent stated: <br />(a) Subject to the rights and obligations set forth in paragraph 7, Lessee shall payto <br />Lessor rent in an amount equal to the amounts actually paid by Lessor for taxes and <br />assessments on the New Benson Property (not including any taxes, for or with respect to <br />Lessee's equipment and improvements, together with all taxes relating to, or arising by <br />virtue of, Lessee's mining activities, which shall be paid by Lessee). Payments pursuant to <br />this paragraph 4(a) shall be made within 30 days of Lessee's receipt of evidence of <br />Lessor's payment of such taxes and assessments. <br />5. After Acquired Title. If Lessor shall, during the term of this Lease, acquire by <br />any means any title or rights in the New Benson Property, Coal or Rights which Lessor did <br />not have or hold on the Lease Date, then such additional title or rights shall become, <br />without further action of the parties required, part of the leasehold estate and Rights <br />granted hereunder, and the amounts payable to Lessor, as stated in this Lease, shall also <br />be in full consideration for all the benefits secured by Lessee from such additional title or <br />rights. <br />6. Other Mineral Interests. Lessor covenants and agrees that after the lease <br />date Lessor shall not lease, convey or grant any other mineral interests or rights in the <br />New Benson Property (including without limitation oil and gas) to any third party without <br />5 <br />Attachment 2.03.6 -1 -79 <br />