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Lessee hereby leases from Lessor, the Jansen Facility for the purposes of handling, storing, <br />loading and shipping certain coal mined by Lessee, subject to and upon the terms and conditions <br />set forth in this Agreement. <br />1.2 Ingress and Egress Lessor hereby grants to Lessee the non - exclusive right of <br />ingress and egress to and from the Jansen Facility over existing roadways, or extensions thereof, <br />located on property owned or controlled by Lessor and /or its affiliates as shown on Exhibit B <br />attached hereto. All such roadways and extensions thereof shown on Exhibit B shall, for <br />purposes of this Agreement, be considered part of the "Jansen Facility" as defined above. Such <br />rights of ingress and egress are granted only to the extent Lessor has the right to grant the same. <br />Lessor and Lessee agree to cooperate with each other and any other persons with the right to use <br />the roadways, or extensions thereof, to coordinate and plan the use of the roads so as to minimize <br />the interference with each other's operations. The cost of maintaining and repairing the <br />roadways or extensions thereof used for ingress and egress to and from the Jansen Facility shall <br />be shared on a pro -rated basis by Lessee. Lessee is authorized to seek contributions from any <br />other persons, not including the Lessor, with the right to use such roadways or extensions <br />thereof. Lessor reserves the right to access the Jansen Facility for the limited purpose of loading <br />and removing its stockpiled railroad track material, which Lessee shall store at the east end of the <br />Jansen Facility. <br />1.3 Jansen Facility Lease Term This Agreement will take effect as of September 23, <br />2010 ( "Commencement Date ") and shall continue for an initial period of two (2) years ( "Initial <br />Term "). If Lessee is in compliance with all terms and conditions of this Agreement, then this <br />• Agreement shall automatically renew for successive one (1) year terms, not to exceed thirty (30) <br />years from the Commencement Date, upon the same terms and conditions as the Initial Term, <br />unless Lessee gives Lessor written notice of Lessee's intention to terminate this Agreement at <br />least six (6) months prior to expiration of any extension term. Notwithstanding the foregoing, in <br />the event Lessor and Lessee negotiate a sale of the Jansen Facility to Lessee, this Agreement will <br />automatically terminate upon the consummation of such sale. This Agreement shall also <br />terminate upon Lessee's written notice to Lessor that Lessee shall discontinue shipping coal from <br />the Jansen Facility. Such written notice shall be given at least six (6) months prior to an <br />automatic renewal date; provided, however, in the event Lessee discontinues shipping coal from <br />the Jansen Facility to begin shipping coal by rail line from the New Elk Mine, then written notice <br />shall be given at least thirty (30) days prior to an automatic renewal date. Notwithstanding the <br />foregoing, Lessee shall be obligated to pay the Jansen Facility Rental and the Quarterly <br />Minimum Payment until such time the reclamation work at the Jansen Facility has been <br />completed to the reasonable satisfaction of Lessor. <br />1.4 Investigation of Jansen Facility. Lessee acknowledges that within 90 days <br />following the execution of this Agreement it will conduct a full and complete investigation and <br />evaluation of the Jansen Facility, including, without limitation, ingress and egress access and <br />road conditions, surface areas, rail access and rail condition, and an environmental assessment to <br />determine existing conditions, limitations of the areas involved, and laws affecting performance <br />hereunder. In the event Lessee discovers any condition at the Jansen Facility as a result of its <br />investigation that will affect performance hereunder, Lessee will notify Lessor of such condition <br />