2012-05-08_PERMIT FILE - C2009087A

• Permit No: C2009087A
• IBM Index Class Name: Permit File
• Doc Date: 5/8/2012
• Doc Name: Permit Area
• Section_Exhibit Name: 2.05.3 Operation Plan - Permit Area
• Media Type: D
• Archive: Yes

B. The right to use or lease said premises• or any part thereof at any time for any purpose, including
the right to explore and prospect said premises for minerals other than coal. The use and leasing
of said premises shall be for purposes other than and not inconsistent with the rights and privileges
herein specifically granted. Notwithstanding the foregoing, any subsequent agreement affecting the
Leased Premises, and, the rights therein granted shall be- subordinate to this Lease and the • rights
­herein granted to Lessee:
C.' t ; ::The -'right to'. dispose of or -•lease the surface above, the •Leased Premises. Any subsequent • lease or
disposal of the surface above the Leased Premises' shall be expressly subject to the terms of this
-Lease.
D. The right at all times during the life of this Lease to go upon said premises 'and every part thereof
for the purpose of inspecting same, and the books of accounts and records of mineral workings
therein, and of ascertaining whether or not said Lessee and those holding thereunder by and from
it, are carrying out the terms, covenants and agreements in this Lease contained. -
E. The 'right -at anytime -to- grant a right =bf ='way upon; over or across m11 or any part"of iEhe Leased
Premises' for airy ditch, reservoir, railroad, communication system, electric powerline, pipeline,
schoolhouse or other lawful purpose. Such &ants shall'be subordinate to the rights-of Lessee,
including the right to subside'the surface of the premises; and shall provide that any and all damages
caused to any structures or improvements placed upon the surface of the premises subsequent to the
' date hereof shall-be'repaired by and at the expense of the party'to whom the easement or right -of-
way was 'granted. If the grant of such rights shall' unteasonably interfere with Lessee's rights
hereunder, the implementation or'effectivetiess of the grant'of such rights shall be delayed until such
time as there is no interference with Lessee's rights.
TO HAVE AND TO HOLD-The above- described'premises unto` msee its heifs; successors; assigns,.oi
legal'•representatives' for the term' of•20•`yea'rs, and -until Twelve O'clock: noon-.on -the' at day of Decenibei';
2016, and, in accordance with`Sectiori 5 -hereof.( "the Primary Tern'•): acid Us -long -thereafter As coal is being
produced from the Leased Premises and the royalties, and rentals'pr6dded fo'r-hefeitn.are- being paid, or by any
extension hereof ( "the Extended Term "), subject to the fdllowing terms; conditions and agreements, -to-wit:
1. ADVANCE bUN N ROYALTY — As minimum and advance royalty, without relation to the amount
of coal mined from the Leased Premises, Lessee shall pay annually in advance to Lessor the following
amounts:
LEASE YEAR
1996
1997
1998
- 1999•
2000 '
2001
2002-
2003
i 2004 i
" %'•: 2005
'2006••
. •AMR
$14:000 .'
$14.000
$14.000 •
$14.000
$14.000
$14.000
,$14.000
$14.000
:$14:000.': L,
$14:000 '
r.•.. .$28.000 •.:;,•;: .
tMUM I`7
2007'
• -2008
2009
12010
2011,
2012
2013
2014
. '•2015•
•2016
.AMR
$28.000
$28.000
$28,000-
$28.000
$28.000
$28.000
$28.000
$28,060
000.
428,000-
Royalty due for coal produced from the Leased Premises shall be credited against (i) any advance minimum
royalty payment. under this Lease, and (ii) any unrecouped advance minimum royalty payments under: any
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