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default at Lessee's expense. Provided,however,that if the default is other <br /> than a payment default and cannot practically be corrected within said 30- <br /> day period and Lessee has commenced corrective action and is making all <br /> practical prompt efforts to correct the same, the 30-day period shall be <br /> extended for so long as is reasonably required to correct the default, but <br /> not longer than ninety (90)days. Lessor shall have the right to elect to <br /> enforce the Lease and seek money damages for breach of contract, <br /> including future rent due, and any other remedy available at law or in <br /> equity rather than,or in addition to,termination of the Lease for default. <br /> Lessor's remedies are cumulative. <br /> (b) Termination by Lessee. <br /> (1) Default by Lessor. If Lessor fails to perform or comply with any of the <br /> terms or conditions of this Lease,or breaches any representation or <br /> warranty made by Lessor then Lessee shall have the right to give Lessor <br /> written notice to correct any such default within 30 days of such written <br /> notice. In the event such default is not corrected within such period,the <br /> Lessee may cure the default at Lessor's expense or in the event Lessor falls <br /> to reimburse Lessee within ten(10) days of Lessor's receipt of invoices <br /> itemizing such expenses, by set-off against any moneys owed by Lessee to <br /> Lessor herein. If Lessor's breach or default is such as practically to prevent <br /> Lessee from mining and removing Minerals under this Lease, Lessee shall <br /> have the right to terminate this Lease by written notice upon termination <br /> of the 30-day period;provided, however,that if the default cannot be <br /> practically convected within the 30-day period and Lessor has commenced <br /> corrective action and is making all practical and prompt efforts to correct <br /> same,the 30-day period shall be extended for so long as is reasonably <br /> required to correct the default, but not longer than ninety (90)days, and <br /> during and for such period the minimum royalty obligation will be <br /> suspended. Lessee shall also have such other rights and remedies available <br /> at law or in equity. <br /> (2) Total or Partial Condemnation. If during the Term Lessee's right under <br /> this Lease to mine and remove Minerals is completely or materially denied <br /> as the result of a condemnation of the Property, Lessee may elect to (i) <br /> terminate this Lease in which case Lessee shall be released of all of its <br /> obligations hereunder and shall assign its claims against the condemning <br /> authority arising from the condemnation(other than claims for costs of <br /> removal of equipment) to Lessor, or(ii)continue this Lease, in which case <br /> Lessee shall be entitled to seek and receive from the condemnation award <br /> the value to it of the unexpired term of this lease, which shall be deemed <br /> to be the value of unextracted (or extracted and unsold)minerals for the <br /> remainder of the lease and the value of any improvements made by <br /> 13 <br />