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payments thereafter otherwise due Lessor from the Company, or if the compensation exceeds <br />payments remaining due, then Lessor shall pay such compensation directly to the Company and the <br />Company shall have a lien on the Property until paid in full. <br />E. The Company hereby agrees to apply for zoning classifications, variances or <br />exceptions, and governmental approvals, permits, licenses or rights related to and required for the <br />Company's operations hereunder, at the Company's cost. The Lessor agrees to cooperate with the <br />Company in obtaining such approvals and to execute or join in applications, plats and other <br />documents which are required to obtain the same that are reasonably required in connection with the <br />operations that are contemplated under this Lease; provided, however, the Company shah provide <br />bonds or other financial assurance for its operations, including for the restoration, reclamation or <br />rehabilitation ofthe Property, as maybe required or advisable to obtain such permits and approvals. <br />F. The Company is aware that the Property is currently farmed and an oil and gas <br />lease exists on the Property. In planning and conducting its operations on the Property, the Company <br />will work with Lessor to minimize damage to crops and the oil and gas operations currently <br />conducted on the Property. The Company shall pay Lessor and/or the current farm tenant the agreed <br />upon fair market value of any crops growing on the Property which are destroyed or damaged by <br />operations conducted by the Company on the Property under this Lease. The Company shall also be <br />responsible for any damages its operations cause to any vested right of the existing oil and gas lessee <br />on the Property. Rights of any future oil and gas lessees are subject to Paragraph I I.D. <br />G. Lessor shall have the right in the future to continue farming operations on the <br />Property during the Term of this Lease, if and to the extent that those operations do not interfere in <br />any manner with the Company's current or planned operations. Any renewal or extension of the <br />existing farm lease, or any new farm lease shall be made expressly subject to the Company's rights <br />hereunder, and the Company shall have no obligation to pay Lessor or any farm tenant for damage to <br />crops. <br />H. Lessee agrees that it will use reasonable efforts to mine the 'Property <br />expeditiously and, in planning such operations, wi11 take into account Lessor's desire to complete the <br />mining operations on the Property within seven (7) years from the date of this Lease agreement. <br />However, the parties acknowledge that mining operations are subject to market conditions and <br />operational considerations that may affect the mining schedule. <br />8. Waiver of Lateral Support. Lessor hereby waives the lateral support for mining <br />purposes for the portions of the Property abutting boundary lines between the Property and adjacent <br />properties that are. owned or leased by the Company. <br />9. Liabilities. <br />A. Company shall defend and indemnify and hold harmless the Lessor and <br />Lessor's agents and employees from and against any and all claims, demands, judgments and <br />liability, including reasonable attorney fees and expert fees, by or to any and all third parties in any <br />-6- s