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damage to any property as the result of any work or operations of Energy Fuels or of its <br /> possession and occupancy of the Subject Properties. A lien upon the property shall not constitute <br /> a default if Energy Fuels in good faith disputes the validity or amount of the claim, in which <br /> event Energy Fuels shall not be required to discharge the lien until ten(10) days following a final <br /> adjudication of its validity and amount. "Final adjudication"shall mean a final determination by <br /> a state or federal court having jurisdiction, after the parties have exhausted all of their rights of <br /> appeal and all other rights and remedies, <br /> 18. Taxes. While this Agreement is in effect, and except as provided hereinafter, <br /> Energy Fuels shall promptly pay all property taxes, assessments and other governmental charges <br /> imposed upon any of the Subject Properties which remain subject to this Agreement and upon <br /> any structures, facilities, equipment and personal property placed or erected thereon by Energy <br /> Fuels, and Energy Fuels shall pay the same before they are delinquent. Energy Fuels shall have <br /> the right to contest in the courts or otherwise,the validity or amount of any taxes or assessment if <br /> Energy Fuels deems the same to be unlawful, unjust,unequal or excessive, or to take such other <br /> steps or proceedings as Energy Fuels may deem necessary to secure a cancellation, reduction, <br /> readjustment or equalization thereof before Energy Fuels shall be required to pay the same, but <br /> in no event shall Energy Fuels permit or allow title to the Subject Properties to be lost as the <br /> result of nonpayment of any taxes, assessments or other such charges while this Agreement is in <br /> effect. <br /> As to severance tax, and all other taxes that are now or may be hereafter levied <br /> and computed on the amount or value of Minerals produced by Energy Fuels, Lessor shall pay <br /> the proportion of such taxes attributable to its production royalty hereunder and Energy Fuels <br /> shall pay the balance of such taxes. If Lessor fails to pay taxes chargeable solely to Lessor or its <br /> pro rata share of taxes when due,Energy Fuels may, at its option,pay Lessor's taxes or Lessor's <br /> pro rata share of taxes as herein defined and deduct said payment or payments from royalties due <br /> or to become due unto Lessor hereunder. Lessor shall have the same rights to contest the validity <br /> or amount of any tax or assessment owed by it hereunder as is enjoyed by Energy Fuels. <br /> 19. Right to Offset. 1f Lessor shall fail to pay any and all amounts due hereunder, or <br /> to duly satisfy and discharge, any mortgage or lien on the Subject Properties or shall suffer or <br /> permit any Iien or encumbrance to be imposed upon the Subject Properties, Energy Fuels at its <br /> option may, but shall not be obligated to, pay and discharge any such mortgage, lien or <br /> 10 <br />