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said sixty (60) day period. If, within said sixty (60) day period, the default is not <br /> corrected, this Lease Agreement shall terminate and all rights of the Lessee upon <br /> Leased Property shall cease and this Lease Agreement shall thereupon be <br /> terminated. In such event, the parties may pursue specific performance or money <br /> damages at their option in the District Court for the County where the Leased <br /> Property is located. <br /> 21. Parties Bound. The provisions of this Lease Agreement shall bind and inure to the <br /> benefit of parties hereto, their legal representatives, and their heirs, successors and assigns. <br /> 22. Restoration. Lessee shall cooperate with Lessor in fulfilling Lessor's obligations to <br /> restore the mined area of the Leased Property to a condition necessary to comply with <br /> required permits and the Reclamation Plan and any required governmental approval. <br /> 23. Conditions Precedent. The commencement of Lessee's obligations under this <br /> Agreement shall be expressly conditioned upon the prior occurrence of: obtaining necessary <br /> mineral extraction permits, and any other required local, state or federal action. <br /> 24. Law and Venue, This Agreement and performance hereunder shall be deemed to have <br /> been made in, shall be governed by, and construed in accordance with the laws of the State <br /> where the Leased Property is located. 7 <br /> 25. Entire Agreemett. The parties acknowledge and agree that the provisions contained <br /> herein, including all exhibits attached hereto, constitute the entire agreement No alterations, <br /> amendments, changes or modifications, shall be valid unless by an instrument in writing by <br /> all the parties with the same formality as this Agreement. <br /> 26. Time of Essence. The parties agree that in the performance of the term and <br /> requirements of this Agreement by the Lessee time is of the essence. <br /> IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as <br /> of the day and year first above written. <br /> Lessee: ns ct' e— Lessor: )iJ <br /> By By <br /> Its ` !S0,j Its <br /> Address: Address: C�,p <br /> Ames Construction, Inc. <br /> 18450 East 281n Avenue l,tr S 2.kU, C t? <br /> Aurora, CO 80011 <br /> (303)-363-1000 Phone: <br /> TIN or SSN: <br /> (This space int ' tionally left blank) <br /> Lessor Initial- <br /> Ames Ames Initial : 5 of 6 <br />