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and remedies of Lessor in this Lease are cumulative and not in the <br />alternative. <br />b. Lessee may terminate this Lease in the event Lessee, through no fault of <br />its own, is unable to mine due to a governmental moratorium or restriction <br />on the Permits required for Lessee to conduct its mining operations <br />contemplated in this Lease. Lessee shall first give Lessor written notice of <br />such event, and Lessor shall have thirty (30) days from the date it receives <br />such notice to review the event and the Permit and, at Lessor's option, to <br />attempt to cure the matter. <br />Further, in the event that Lessor breaches the terms of the Lease, Lessee <br />may give notice of default. Such notice shall contain a thirty (30) day <br />right to cure prior to termination. If such failure is not corrected within <br />thirty (30) days after the notice specifying the failure or breach that has <br />occurred, Lessee may terminate this Lease. <br />C. Upon termination of this Lease for any reason, Lessee shall continue to be <br />liable for the performance of all obligations and the satisfaction of all <br />liabilities to Lessor including, but not limited to, the payment of royalties <br />which have accrued prior to the date of termination, payment of Minimum <br />Royalties which would have accrued through the end of the Term, and the <br />compliance with all laws, regulations, and Permit conditions that apply to <br />the Property and the operations on the Property including, but not limited <br />to all reclamation, environmental and land use laws, regulations and <br />Permit conditions. <br />d. Upon termination of this Lease with respect to all or any part of the <br />Property, Lessee agrees to furnish Lessor with a document reasonably <br />satisfactory to Lessor verifying such termination and release of Lease. <br />e. Upon termination of this Lease for any reason other than the default of <br />Lessor, all sums paid hereunder to Lessor shall remain the property of <br />Lessor and shall not be recoupable or refundable. <br />5. Royalties. <br />a. Lessee shall pay Lessor a royalty (the "Production Royalty ") per ton for <br />any Sand and Gravel removed from the Property. The Production Royalty shall be <br />calculated at the rate o W 1 11 The Production Royalty shall be due to <br />the Lessor, in check or certified funds, within ten (10) calendar days after the end of each <br />respective calendar quarter. Payment of the minimum royalty described in the next <br />paragraph shall be a credit against the Production Royalty otherwise due on actual <br />production, as set forth in subsection d. below. <br />