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stated herein. Lessor shall promptly notify in writing sent by certified mail, return receipt requested, <br />of any change ;of ownership by Lessor. If any payment required under this Lease is returned to <br />Lessee due to inability to make delivery, then Lessee shall be entitled to hold same, free of interest <br />and without affecting the validity of this Lease, until Lessor shall contact Lessee in writing with <br />specific instructions. If at any time ownership of Lessor is transferred and /or divided, and if Lessee <br />is unable to satisfy itself as to whom and in what amounts any payments should be paid and /or <br />credited, Lessee may continue to effectuate payment hereunder by mailing checks in payment <br />thereof to Lessor in the names and at the address stated above, until Lessee shall have satisfied <br />itself, upon the basis of relevant legal instruments which Lessor will provide to Lessee, that a <br />payment method, different from that stated above, is authorized. <br />0 1% M--- <br />ul la&;"rds. No implied Obligation Lessee shall keep records of al! Coal mined <br />and sold from the Leased Coal and Lessor shall have the right to inspect the records at all <br />reasonable times, so long as the Lessor provides reasonable notice to the Lessee. Lessee may <br />commingle the coal with other coal. Nothing shall be construed in this Lease as an obligation of <br />Lessee to mine any or all of the Coal, and the payment of royalties, when and as due hereunder, <br />shall be construed as full payment of Lessee's right to retfiin the leasehold estate and all of the rights <br />granted by Lessor under this Lease. Lessee will provide Lessor with an accountability of coal mined <br />from property annually. <br />4. Special Rights of Lessee In addition to whatever rights Lessee may have by <br />implication of law or by the transfers of property hereunder, Lessor specifically grants to Lessee the <br />following exclusive rights ( "Rights"). These Rights shall be in effect immediately on the execution <br />of this Lease and Contract by the parties: <br />(a) to drill, take core samples, survey, map and otherwise evaluate the Coal, and <br />to perform environmental and cultural resource studies, all without liability, except for the destruction <br />of growing crops and field improvements in the growing season in which the Property trade occurs. <br />(b) to mine, extract, remove, process, own, market or otherwise use the Coal, <br />including mining by the strip, auger and /or any other methods now or hereafter in existence, without <br />any liability to Lessor for any current or future damages (including surface support and damage or <br />loss to other milnerals or strata) to Lessor's estate; <br />(c) in the event that sand or gravel are found on Parcel A during Lessee's mining <br />activities, Lessee shall have the right to use or sell such, however, Lessor will be due a royalty rate <br />of 5% of the revenues realized from any sale of this material. Lessee shall be entitled to use sand <br />or gravel without additional payment. <br />4 <br />