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mineable portion of the Property or lease any reasonably mineable portion of the Property outside of the <br /> Premises (other than the leasing of the County Lease Areas to Routt County) (any such portion being <br /> referred to as a "Portion"), and provided Tenant is not then in default under this Lease beyond any <br /> applicable cure period,then CWH shall notify Tenant of the terms and conditions on which CWH is willing <br /> to lease or sell such Portion,together with notification from CWH of CWH's intention to make the offer to <br /> others if the offer is not accepted by Tenant. Tenant shall have the right,within 30 days following receipt <br /> of the offer to notify CWH that it desires to lease or buy such Portion on the terms and conditions set forth <br /> in such offer. In the event Tenant elects to accept the offer,CWH and Tenant shall sign the an agreement <br /> embodying the terms of such offer,along with such other standard commercial terms as may be appropriate, <br /> within 30 days. <br /> (b) If Tenant does not accept the offer within the 30-day period provided in Section <br /> 31(a)above,then the offer shall be deemed withdrawn and CWH shall be free for a period of one year from <br /> expiration of the 30-day period to offer to lease or sell such Portion to third parties on terms not less <br /> favorable to CWH than those set forth in its offer. For the avoidance of doubt,in the event CWH receives <br /> any offer to sell or lease such Portion at terms less favorable to CWH than those set forth in its offer to <br /> Tenant, CWH may not accept such terms unless they are first offered to Tenant using the procedure set <br /> forth in Section 31(a),and Tenant declines to accept them. <br /> (c) Tenant's rights set forth in this Section 31 shall terminate upon termination of this <br /> Lease. Notwithstanding anything in this Section 31 to the contrary,any leasehold or fee ownership interest <br /> of Tenant in Mining Pod#4 must vest,if at all,no later than 21 years after the death of Richard Connell. <br /> 32. ASSIGNMENT AND SUBLETTING. Tenant shall not assign or transfer this Lease or <br /> sublet the Premises without the written consent of CWH,which consent shall not be unreasonably withheld, <br /> delayed,or conditioned. Any assignment,transfer,or subletting made without such consent shall be void. <br /> Notwithstanding the foregoing,Tenant may assign or transfer this Lease to any affiliate of Tenant without <br /> first obtaining the consent of CWH, provided that Tenant shall remain liable for any and all obligations <br /> hereunder that are not fulfilled by such affiliate. For purposes of this section, `affiliate' shall mean any <br /> entity controlled by,controlling,or under common control with Tenant. <br /> [Signature pages to follow] <br /> 11 <br />