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liens or encumbrances on the Leased Premises as a result of its prior operations on the <br />Leased Premises except statutory liens created for taxes due but not yet payable. Lessee <br />agrees to pay all taxes that may hereafter become due and payable as a result of its <br />operations on the Leased Premises prior to the effective date of this Lease. <br />10. Default. If Lessee defaults in the performance of any of the covenants, <br />agreements or provisions of this Lease and fails to cure or to commence and diligently <br />pursue the curing of such default within thirty (30) days after receipt of written notice of <br />default from Lessor, Lessor shall have the option of immediately cancelling and terminating <br />this Lease. Upon any termination of this Lease, Lessee shall promptly cease all use, <br />possession or occupancy of the Lease for purposes other than the reclamation of the <br />Leased Premises in accordance with its mining and reclamation plan and applicable laws <br />and regulations and Lessee shall have a right of access to the Leased Premises thereafter <br />for reclamation purposes only consistent with the reclamation plan. Any provision herein <br />to the contrary notwithstanding, these default provisions do not apply to the Lessee's <br />failure to pay the royalties prescribed herein on or before the dates required. If Lessee <br />defaults under any of the provisions of this Lease other than the provisions requiring <br />payment of royalty, Lessee shall have the right to continue operations on the Leased <br />Premises until that dispute is resolved provided that Lessee continues to make the <br />payment of those royalties as required herein. Lessee shall have the right to surrender this <br />Lease in whole but not as to any part hereof at any time by paying all of the royalties to <br />Lessor that would have been paid under the terms of this Lease had this Lease continued <br />for the full two (2) year term provided herein. Upon termination or surrender of this Lease, <br />Lessee shall provide to Lessor a full release properly executed for recording of all rights <br />I \JMMISOUTHWIND <br />Mining Lease <br />March 23, 2000 8 <br />