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Quarterly Minimum Payment shall be paid on or before the 25 "' day of the calendar month <br />following the close of each calendar quarter. <br />c. In addition to the Shipment Royalty and the Quarterly Minimum Pa ment <br />described above, Lessee shall also pay Lessor an annual Jansen Facility rental fee of <br />("Jansen Facility Rental "). The Jansen Facility Rental shall be paid on the anniversary date of <br />this Agreement, with the first annual payment due on the first anniversary date following the <br />Commencement Date. <br />d. On December 31 of every lease year during the term of this Agreement, the <br />royalty rate, the quarterly minimum rental rate and the facility rental rate for the period <br />commencing January 1 shall be determined by multiplying the then applicable royalty rate and the <br />rental rates by the percentage increase, if any, in the consumer price index from the immediately <br />preceding lease year to the current lease year ending December 31; provided, however, that the <br />resulting adjustment shall not be less than two percent (2 %) nor more than four percent (4 %) for the <br />succeeding year. The first annual adjustment shall be on December 31 of the first full calendar year <br />of coal shipments from the Jansen Facility subsequent to the Commencement Date. For the purpose <br />of this paragraph, the term "consumer price index" shall mean the consumer price index for all <br />urban consumers, all items (1982 - 84 =100) as published by the Bureau of Labor Statistics, United <br />States Department of Labor as of June of each calendar year. In the event such index is <br />discontinued, any other standard nationally recognized cost of living index then issued and available <br />which is published by the United States government and resembles as closely as possible the above <br />defined index figure, shall be used to make the adjustments contemplated by this paragraph. <br />Notwithstanding the above, after December 31, 2015, there shall be no limitation on the annual <br />adjustment to the consumer price index under this Agreement. <br />3.3 Records Relating to Jansen Facility Rental Payments, Reports: Audits Lessee <br />shall send appropriate documentation and records with each payment to Lessor showing shipping <br />records, weights, calculation methods utilized and any other information requested by Lessor. <br />Lessee shall keep accurate and correct books of accounting and records showing all coal shipped <br />by Lessee from the Jansen Facility. Such books and records shall be available for inspection by <br />Lessor and its representatives at the offices of Lessee at all times during regular business hours <br />for the purpose of auditing and verifying the information sent along with payments from Lessee <br />to Lessor. <br />3.4 Determination of Weights The weights of coal shipped by Lessee from the <br />Jansen Facility hereunder shall be determined as set forth on Exhibit F. <br />ARTICLE 4 <br />RELATIONSHIP OF THE PARTIES <br />4.1 Relationship of the Parties The relationship of the parties to this Agreement is <br />that of lessor and lessee. Neither Lessor nor Lessee shall represent or hold itself out as an <br />affiliate, subsidiary, partner, joint venturer, representative or agent of the other party. Lessee <br />