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the means normally employed in performance,any such failure to perform <br /> shall be excused and not be deemed a breach of this Lease,and performance <br /> of said obligations shall be suspended during such period of disability,and <br /> the time for performance of said obligations shall be extended for a period <br /> equal to the period of disability.Lessee shall notify Lessor in writing as soon <br /> as it is practicable of its invocation of force majeure. <br /> 9.3 Assignment. The Lessee may not assign all or any portion of its interest <br /> in the Mining Properties without the consent of the Lessor. <br /> 9.4 First Refusal. Ja the event Lessor determines to sell its interest,it shall <br /> give Lessee a right of first refusal. <br /> 9.5 Filing on Additional Water Rift. The Lessee shall have the full and <br /> exclusive rights to use all water and water rights connected with or <br /> appurtenant to the Mining Properties.If,through operations hereunder,the <br /> Lessee develops additional water,then the Lessee may appropriate or claim <br /> such additional water as-its own property subject to the Lease and Lessor's <br /> right to receive an assignment of Lessees interest upon expiration or <br /> termination of the Lease. <br /> 9.6 Binding Nature. This Mining Lease shall be binding upon and inure to <br /> the benefit of the parties hereto and their respective successors and assigns. <br /> This Mining Lease contains the entire understanding between the parties <br /> hereto and may not be amended except in writing by mutual consent of the <br /> parties. <br /> 9.8 Memorandum. The Lessor and Lessee shall execute and record a <br /> memorandum of this Mining Lease upon the request of either party. <br /> 9.9 o 'c . Any notice,election,invoice,payment or other correspondence <br /> required,permitted,or requested hereunder shall be deemed to have been <br /> properly given and delivered when made in writing and personally delivered, <br /> or made in writing and sent by United Stated certified or registered mail, <br /> with all necessary postage or charges fully prepaid,and addressed to the <br /> party at the address specified below or any other dress substituted <br /> 13 <br />