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Lessee. Lessor shall be entitled to seek and receive the value attributable <br /> to the remainder interest of the Property condemned, and the Royalties <br /> that would have been received under the remaining term of this Lease. For <br /> purposes of this subparagraph 14(b)(2), a "condemnation" is intended to <br /> mean a judicial proceeding initiated by a governmental authority,or a <br /> private right of condemnation under the constitution of the State of <br /> Colorado, and is not intended to include a change in governmental <br /> regulation or a change in the manner in which such governmental <br /> regulation is interpreted or enforced, even if any such change has the same <br /> effect as a condemnation. In the event Lessee should exercise its right to <br /> terminate this Lease as provided in this 14(b)(2), Lessee shall remain <br /> responsible for complying with applicable laws and regulations relating to <br /> Lessee's mining operations on the Property prior to termination, including <br /> reclamation and water augmentation. <br /> (3) Force Majeure. If during the term Lessee's right under the Lease to mine <br /> and remove Minerals or remove, mine or produce Aggregate Products is <br /> materially diminished or reduced as a result of any Force Majeure Event, <br /> and such diminishment or reduction is or is reasonably expected to be <br /> permanent(as to which the burden of proof shall be Lessee's), Lessee's <br /> obligations under this Lease shall terminate. For purposes of this Lease, <br /> the term "Force Majeure Event" shall mean any of the following events <br /> beyond Lessee's reasonable control and not the fault of Lessee: any <br /> material change in government regulations or the manner in which such <br /> government regulations are interpreted or enforced; Lessee's inability to <br /> obtain required permits or approvals after commercially reasonable and <br /> diligent efforts; any other event beyond Lessee's reasonable control <br /> including, without limitation, any order,decree, or direction by any <br /> governmental law, executive order, rule,regulation, or request enacted or <br /> promulgated under color of authority; by scarcity or inability to obtain <br /> equipment,material, power or fuel; by strike or lockout with respect to a <br /> supplier or other third party upon which Lessee depends and can not <br /> reasonably be substituted, or industrial disturbance; or by any act of God <br /> (including,without limitation, lightning, earthquake, fire, storm, flood,or <br /> washout). <br /> (c) Upon the termination of this Lease, Lessee shall surrender possession of the <br /> Property to Lessor, shall execute and deliver to Lessor a recordable written <br /> release of all of Lessee's rights, title and interest in this Lease. <br /> (d) Upon termination of this Lease for any reason, in addition to any liability of one <br /> party to the other arising from such termination, Lessee shall remain responsible <br /> for compliance with applicable laws and regulations relating to Lessee's <br /> operations on the Property, including mining operation, mined land reclamation, <br /> 14 <br />