lessors shall have the privilege of keeping this map long enough to make the necessary copies and shall at all times have access to the maps, plans, tracings, etc. of the lessee, and may take therefrom copies of such portions as he may desire.

Tenth. It is furthermore agreed that the lessee shall erect or cause to be erected and operated upon the demised premises, . . . coke ovens, of these to be built

on or before.

Eleventh. The lessee agrees and binds itself to pay to the lessors the minimum sum of . . . dollars annually from the completion of the railroad to the leased premises, during the continuance of this lease, as a minimum rental under this lease, whether the quantity of coal mined and coke manufactured shall produce that amount of rental or not. But the lessee, however, shall have the privilege of mining the next succeeding year free from royalty a sufficient amount of coal above the rental of the year to reimburse it for the deficiency in the preceding year, but no payments in excess of the minimum of any one year shall be credited against a deficiency in any subsequent year.

Twelfth. It is further agreed that in the event of unavoidable delay by reason of failure on the part of the or other railroad company as above, to furnish necessary transportation, or a general strike among the employes, not within the control of the lessee, the lessee shall be released from an equitable proportion of the minimum royalty. The said equitable proportion, if it cannot be agreed upon, shall be determined by arbitration in the manner provided in Article Seventh above.

Thirteenth. The lessee agrees to pay all taxes that may be assessed against the demised premises and the improvements thereon, or upon the coal mined or coke manufactured during the continuance of this lease, and also other assessments by court or operation of law whatsoever, when and as the same shall become due.

Fourteenth. It is further agreed that all rents and royalties herein agreed to be paid shall be deemed and treated as rents reserved upon contract by the lessors, who reserve to themselves all rights of landlords under the laws of West Virginia for the collection of the same, and if any of the rents and royalties shall remain unpaid for. . . .. days after the same shall become due and payable as before provided, the lessors shall have the right to enforce the payment

of the same by the remedies given by law to landlords against delinquent tenants, and it is further agreed that not only the personal property shall be subject to distress as contemplated and directed by law, but also the lessors may enter upon the leasehold and sell the same, or any part thereof, together with the improvements thereon, for the default in the payment of the rents and royalties as aforesaid. At any sale of this lease or leasehold, or any part thereof, under this clause, the lessors shall have the right to become the purchasers thereof free from any and all claims of the lessee.

Fifteenth. The lessee further covenants and agrees that it will not knowingly permit the sale or introduction of any spirituous liquors upon the demised premises.

Sixteenth. The lessee further covenants and agrees that it will not mortgage (except for betterments upon the leased premises), nor will it assign, convey, lease, underlet, sublet, or set over any of its estate, interest, or term, in whole or in part, in the hereby demised premises or their appurtenances, or any part thereof, to any person or persons whomsoever, or corporation whatsoever, for any time whatsoever, without the license and consent of the lessors, their heirs, executors, administrators, or assigns, in writing under seal for that purpose being first had and obtained.

Seventeenth.-At the termination of this lease other than by forfeiture, all the improvements placed upon the surface of the demised premises by the lessee shall be valued by two disinterested persons, one to be chosen by each of the parties hereto, and in case of disagreement these two to choose a third, and the three thus chosen shall value the said improvements, and the lessors shall have the privilege of purchasing said improvements at such valuation within days after notice of such valuation. If the lessors shall not within said. . . . . . days accept said improvements at such valuation, the lessee shall have the privilege of removing the same from the leased premises within

...days from the expiration of said. . . . . . days. Eighteenth. It is hereby expressly agreed that all of the preceding covenants and agreements and stipulations to be kept and performed by the lessee shall inure to the benefit of the lessors, their heirs, executors, administrators, and assigns, and that the lessors, their heirs, executors, administrators, or assigns, may enforce any and all of said covenants and agreements.

Nineteenth. The lessee shall have the right at the expiration of the said . . . years, to renew this lease with the

terms, stipulations, and conditions as above, provided the lessee shall have complied with or performed all of the conditions, covenants, agreements, and stipulations to be by it complied with or performed.

Twentieth.

The lessee further covenants and agrees that it will not, during the continuance of this lease, drive any tunnel, drift, room, or entry within sixty feet of any entry or air-course of any adjoining lease, except with the consent of the mining engineer of the lessors.

Twenty-first. The lessee further agrees to sign the coal producer's contract and comply with its terms as long as that contract is in force.

Twenty-second. - The lessee shall not have the right to transport over or through the property hereby leased, or to ship from the same, any coal not mined therein, without first obtaining the consent of the lessors in writing.

Twenty-third. - The lessee further covenants and agrees that in case of failure on its part to comply with the provisions of Section Fifth, any coal lost thereby shall be paid for in the same manner as though actually mined and shipped.

In witness whereof, the parties of the first part hereto have signed and sealed these presents, and the party of the second part has hereunto affixed its common or corporate seal, duly attested by its proper officers, the day and year first above written. Executed in duplicate. Witnesses:

[L. S.] [L. S.]

COMPANY.

By
[Corporate Seal]

President.

Attest: .

Secretary.

PARTNERSHIP

19

ARTICLE OF COPARTNERSHIP

Article of agreement, made the . day of. between A. B., of . . .

witnesseth as follows:

A. D.

and C. D., of

The said parties

above named have agreed, and by these presents do agree, to become copartners under and by the name or firm of A. B. & Co., in the business [describe business]; the said copartnership to commence on the . . . day of. . . . ., A. D. 19 and to continue . . And to that end and purpose the said parties contribute to the capital of the firm as follows: [insert contributions of both parties to firm property], to be used and employed in common between them, for the support and management of the said business to their mutual benefit and advantage. And it is agreed by and between the parties to these presents, that at all times during the continuance of their copartnership, they and each of them will give their attendance, and do their and each of their best endeavors, and to the utmost of their skill and power exert themselves, for their joint interest, profit, benefit, and advantage, and truly employ, buy, sell, and merchandise with their joint stock, and the increase thereof, in the business aforesaid. And also, that they shall and will at all times during the said copartnership, bear, pay, and discharge equally between them, all rents and other expenses that may be required, for the support and management of the said business; and that all gains, profit, and increase that shall come, grow, or arise from or by means of their business, shall be divided between them as follows: [insert manner of division of profits]; and all loss that shall happen to their said joint business by ill commodities, bad debts, or otherwise, shall be borne and paid between them as follows: [insert manner of sharing losses].

[Here may be inserted agreements as to the management of the business, method of accounting, continuance or dissolution of partnership, arbitration of disputes, or any other proper clauses or covenants desired.]

In witness whereof, the parties hereto have hereunto

interchangeably set their hands and seals the day and year

first above written.

Signed, sealed, and de-'

livered in the pres

A. B. [L. S.]
C. D. [L. S.]

The said parties above named have agreed to become copartners in the business of . . . . . . and by these presents do agree to be copartners together under and the name or firm of B., D. & Co., in the buying, selling, and vending all sorts of goods, wares, and merchandise to the said business belonging, and to occupy the . building known and designated as...

in the .

.

. of . . . . . and the lot of

land upon which said building is situated, their copartnership

A. D. 19, and

to commence on the . . . day of . . . to continue. . . years; and to that end and purpose the said A. B. has contributed the sum of.. . dollars, in cash,

and the said C. D. has contributed the sum of . . . . . . dollars, in cash, and the said E. F. has contributed the lease of the said building to be occupied by them, and the stock of goods and good-will of the business there heretofore carried on by him, which are together estimated and valued by the parties at the sum of . . . . . . dollars, the capital stock so formed to be used and employed in common between them, for the support and management of the said business, to and for their mutual benefit and advantage.

And it is agreed by and between the parties to these presents that, at all times during the continuance of their copartnership, they and each of them will give their attendance, and do their and each of their best endeavors, and to the utmost of their skill and power exert themselves, for their joint interest, profit, benefit, and advantage, and truly employ, buy, sell, and merchandise with their joint stock, and the increase thereof, in the business aforesaid. And also, that they shall and will, at all times during the said