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CMS 62167 <br /> that contained in the Development Plan and the justification for each variance. Lessor shall correct variances <br /> unacceptable to Lessor,as directed by Lessor. Lessee shall also describe history and activity of compliance with <br /> other authorities having jurisdiction. <br /> D.Performance Outside the State of Colorado or the United States <br /> (Not applicable if Contracl Funds include any federal funds] Following the Effective Date,Lessee shall <br /> provide written notice to the Colorado State Purchasing Director, 1525 Sherman St.,3d Floor,Denver <br /> Colorado 80203,with a copy to the State,in accordance with§18(Notices and Representatives),within twenty <br /> (20)days of the earlier to occur of Lessee's decision to perform,or its execution of an agreement with a <br /> Subcontractor to perform,Services outside the state of Colorado or the United States. Such notice shall <br /> specify the type of Services to be performed outside the state of Colorado or the United States and the reason <br /> why it is necessary or advantageous to perform such Services at such location or locations. All notices <br /> received by the State pursuant to this§8.0 shall be posted on the Colorado Department of Personnel& <br /> Administration's website. Knowing failure by Lessee to provide notice to the State under this §8.0 shall <br /> constitute a material breach of this Contract. <br /> E.Inspection <br /> It is agreed that during all proper hours and at all times during the continuance of this Lease,Lessor or Lessor's <br /> duly authorized agent is authorized to check assays and scales as to their accuracy,to go through or on any <br /> part or all of the Leased Premises to examine,inspect,survey and take measurements of the same and to take <br /> samples of any kind and to examine and make extracts from or copies of all books and weight sheets and <br /> records which show in any way the Construction Material output,values,payments and Royalties from and of <br /> the Leased Premises. Lessee shall furnish all conveniences necessary for any inspection,survey,or <br /> examination Lessor may require Lessee to provide all instruments and documents of any kind and nature <br /> whatever which affect Lessor's interests. <br /> F.Additional reports <br /> Lessee shall submit,if requested by Lessor,such additional reports,records or documents regarding Lessee's <br /> operations on the Leased Premises as necessary for Lessor to verify Lessee compliance with Lease provisions. <br /> 16.BREACH <br /> A.Defined <br /> In addition to any breaches specified in other sections of this Lease,the failure of either Party to perform any <br /> of its material obligations hereunder in whole or in part or in a timely or satisfactory manner constitutes a <br /> breach. The institution of proceedings under any bankruptcy,insolvency,reorganization or similar law,by or <br /> against Lessee,or the appointment of a receiver or similar officer for Lessee or any of its property,which is <br /> not vacated or fully stayed within twenty(20)days after the institution or occurrence thereof,shall also <br /> constitute a breach. <br /> B.Notice and Cure Period <br /> In the event of a breach,notice of such shall be given in writing by the aggrieved Party to the other Party in the <br /> manner provided in§18. If such breach is not cured within thirty(30)days of receipt of written notice,or if a <br /> cure cannot be completed within thirty(30)days,or if cure of the breach has not begun within thirty(30)days <br /> and pursued with due diligence,the State may exercise any of the remedies set forth in§17. Notwithstanding <br /> anything to the contrary herein, the State,in its sole discretion,need not provide advance notice or a cure <br /> period and may immediately terminate this Lease in whole or in part if reasonably necessary to preserve public <br /> safety or to prevent immediate public crisis. <br /> 17.REMEDIES AND TERMINATION <br /> If Lessee is in breach under any provision of this Lease,the State shall have all of the remedies listed in this§17 in <br /> addition to all other remedies set forth in other sections of this Lease following the notice and cure period set forth <br /> in§16.B. The State may exercise any or all of the remedies available to it,in its sole discretion,concurrently or <br /> consecutively. <br /> A.Termination for Breach or Termination in the Interest of Public Safety <br /> Under circumstances of cause,breach, or in the Interest of Public Safety,the State may terminate this entire <br /> Lease or any part of this Lease. Exercise by the State of this right shall not be a breach of its obligations <br /> hereunder. Lessee shall continue performance of this Lease to the extent not terminated,if any. <br /> Page 8 of 13 <br /> N -`� <br />