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d. The parties hereto agree that the executed Interchange Agreement shall not <br />be modified or abrogated by Lessor in any manner or fashion without Lessees prior written <br />consent. <br />ARTICLE 3 <br />JANSEN FA CILITY RENTAL PAYMENTS <br />3.1 Guaranteed Lease Payment The Jansen Facility shall be leased for a aranteed <br />minimum of two 2 years, following the Commencement Date, for a minimum of u <br />on an "absolute net lease" basis with annual CPI increases as <br />provided in 3.2(d) below ( "Guaranteed Lease Payment "). The Guaranteed Lease Payment shall <br />be paid as provided hereinafter and shall be secured with an irrevocable letter of credit ( "Letter <br />of Credit "). The Letter of Credit shall: (a) be in the amount of -; (b) name Lessor as its <br />beneficiary; and (c) be drawn on an FDIC insured financial institution. The Letter of Credit (and <br />any renewals or replacements thereof) shall be for a term of not less than 2 years following the <br />Commencement Date. Lessee agrees that it shall from time to time, as necessary, whether as a <br />result of a draw on the Letter of Credit by Lessor pursuant to the terms hereof or as a result of the <br />expiration of the Letter of Credit then in effect, renew or replace the original or any subsequent <br />Letter of Credit so that a Letter of Credit, in the amount required hereunder, is in effect until a <br />date which is at least two (2) years following the Commencement Date. Any renewal or <br />replacement of the original or any subsequent Letter of Credit shall meet the requirements for the <br />• original Letter of Credit as set forth above. <br />3.2 Jansen Facility Rental, Shipment Royalty and Quarterly Minimum Payment <br />a. Commencing on the day of Lessee's first coal shipment by railroad car from <br />the Jansen Facility and continuing during the term of this Agreement, on or before the 25` day of <br />each month, on account of the previous calendar month, Lessee shall pay to Lessor by wire <br />transfer of immediately available U.S. funds to such account as Lessor may designate, or to such <br />other account or by other method as Lessor may from time to time designate, a shipment royalty <br />equal to = per ton on each and every ton of coal loaded into railroad cars and shipped by <br />Lessee from the Jansen Facility during such previous calendar month (a "Shipment Royalty "). <br />The first Shipment Royalty shall be due and payable on 25 day of the calendar month following <br />the month during which the first coal shipment by railroad car is made from the Jansen Facility. <br />b. The Shipment Royalty is subject to a minimum rental equal to _ per <br />calendar quarter (the "Quarterly Minimum Payment" ). Each month's Shipment Royalty paid by <br />Lessee shall be credited against the Quarterly Minimum Payment so that no Quarterly Minimum <br />Payment shall be due for any calendar quarter where the cumulative Shipment Royalty paid for <br />such calendar quarter equals or exceeds the applicable Quarterly Minimum Payment. In the <br />event the cumulative Shipment Royalty paid by Lessee in a calendar quarter is less than the <br />applicable Quarterly Minimum Payment, then Lessee shall pay Lessor the difference between the <br />Quarterly Minimum Payment and the Shipment Royalty paid during the calendar quarter. The <br />