MOORE, Judge.
David Daily appeals from a summary judgment entered by the Franklin Circuit Court ("the trial court") in favor of U.S. Micro Powders, Inc. ("USMP"). We reverse.
Background
On November 6, 2006, Daily, as the lessor, entered into a "Mining Lease" ("the lease") with USMP, as the lessee, of certain land located in Franklin County ("the leased property"). The lease provided, in pertinent part:
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