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719470 04/24/2014 09:51 AM B: 01007 P: 643 LSE <br /> Pape: 5 of 9 R $0.00 D $0.00 T $0.00 <br /> Pamela M. Bacon Clerk & Recorder, Logan County, Cc <br /> mill KrMVINKHAVARFAMIV1li A 11111 <br /> 10. Default and Cure. In the event any default occurs in the performance of any term or <br /> condition of this Lease by either party,the not-defaulting party shall have the right to <br /> cure. The defaulting party shall have 30 days in which to cure the default, and if the <br /> defaulting party fails to cure the default or to commence and diligently pursue such cure <br /> with such 30-day period,then the non-defaulting party shall have the right to take <br /> action to cure the default, and to charge the expenses thereof to the defaulting party. If <br /> the Owner is the defaulting party, such charges may be deducted from any payments <br /> z o— hereunder due to the Owner. In any event,the charges of cure shall bear the rate of <br /> 12% per annum from the date incurred until paid. <br /> 0 0 11. Waiver and Indemnification. Except for acts and omissions of the Owner and <br /> dangerous conditions on the Leased Premises not attributable to the County or its <br /> ao a employees,the County waives any claim it may have against Owner for any injury or <br /> mw� damage which may arise from the use of the Leased Premises, and shall, to the extent <br /> allowed by law, indemnify and hold Owner harmless from any claim, demand,judgment <br /> m� or award which arises out of any act or omission of County(including those of its <br /> 10m u officers, agents, employees and invitees)with respect to the use of the Leased Premises. <br /> CW•y <br /> a0W No term or condition of this Agreement shall be construed or interpreted as a waiver, <br /> N as i� <br /> "mYa express or implied, of any of the immunities, rights, benefits, protections or other <br /> m e provisions of the Colorado Governmental Immunity Act, CRS section 24-10-101 et seq., <br /> "M c as applicable now or hereafter amended. <br /> ID <br /> AM 0 <br /> .0 -62 <br /> 12. Termination by the County. If the County's obligations to reclaim the Leased Premises <br /> mr .I have been fully released by the MLRB,the County may notify Owner of its intent to <br /> Cc 00 terminate this Lease, and the Lease shall terminate 60 days after such notice; provided, <br /> o 0 0 however,that if the MLRB releases the County of its reclamation responsibilities within <br /> rn aie— <br /> e ao° 60 days prior to the anniversary date of the mutual execution of this Lease, no <br /> additional annual lease payments shall be owed or paid to Owner pursuant to section 2, <br /> above. <br /> 13. Miscellaneous. <br /> A. Notices. Any notices required hereunder shall be in writing to the address first <br /> set forth above, and shall be deemed delivered upon receipt if delivered by <br /> hand or on the third day after mailing, if delivered by first class mail, U.S. <br /> postage prepaid. If to the County the Notice shall be addressed to the Chairman <br /> of the Board of County Commissioners with a copy to the County Attorney at <br /> the same address. <br /> B. Specific performance. If any payment or any other condition hereof is not <br /> made,tendered or performed by either the Owner or the County as herein <br /> provided,then, subject to the 30-day right to cure specified in section 10, <br /> above,this Lease, at the option of the party who is not in default, may be <br /> terminated by such party, in which case the non-defaulting party may recover <br /> such damages as may be proper, or the non-defaulting party may elect to treat <br /> this Lease as being in full force and effect, and have the right to an action for <br /> specific performance or damages, or both. <br />