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complying therewith by force majeure. For put poses of this agreement,force majeure shall include, but
<br /> not be limited to: acts ofGod;the elements, acts of War, insurrection, riots orterrorism; strikes,
<br /> lockouts and othe'labor disputes; inability to obtain recessa/y materials or obtain permits, approvals or
<br /> consents;damage to, destrjction or unavoiclaole shutdown of necessary facilities or equipment; acts or
<br /> failures to act on the part of local, State, federal or foreign governmental agencies or courts,or of Indian
<br /> tribes, or any other matters (whether or not similar to those mentioned above and whether foreseeable
<br /> or unfnreseeab|e)beyond ]UB|LBs reasonable control; prov|ded, however, that settlement ofstrikes,
<br /> lockouts and other labor diSPLAPS shall be entirely within the d;scretion of JUBILEE; and provided further
<br /> that JUBILEE shall promptly notify other parties to this AXrecmen� arid shall exercise diligence man
<br /> effort to remove nroverTome the cayseof�svdI inability tucomply.
<br /> bj In entering into this Agreement, the Parties assume that jU8|LEEsaccess to the Property is and will
<br /> continue tobe unrestricted.JU8!LE[s reasonable belief that the actions or inactions of any local, state,
<br /> or federal governmental agency of court, of any Indian tribe, or of any officer or official acting under
<br /> color of governmental authority, might prevent nr impede access to the Property, orothenmoelimit
<br /> JUBILEES ability to operate thereon, shall be considerec an event of force majeure for purposes of this
<br /> Agreement, and d`aU be referred to as an "access force majeu,e^ )fan access force majeureoccuo'
<br /> JUBILEE shall have the right either: 1J tcsusncnd this Agreement for a period not toexceed two years,
<br /> w\thuutpaymr"tu, Pono|tv, vvhi|otheaccassfonumJ.'rv,eisinoUccz. pruv.ded, i-owever,thmtJU8|i[[
<br /> shall resume operations on the Property within a reasonable time after access to the Property is no
<br /> longer restricted, and further provided that JUBILEE shall perform assessment work on the Property
<br /> during such period of SLjSpension to the extert required by Section 6 herein unless JUBILEE is prevented
<br /> by such access force majeure from Performing such assessment work, or 2.) to terminate this
<br /> Agreement, without oayment or penalty, if it) JUBILEEs sole discretion"he Property shall be 'Inaccessible
<br /> or otherwise unavailable fo, exploration during the current or subsequent field season. In determining
<br /> "reasonableness", JUB!LEE shall be under no duty to contest the governmental agency or court action or
<br /> inaction by protest petition appeal nr any other means.
<br /> 15 In case of termination of this Agreement under the terms hereof or for a:ycaLse'JUBILEE shall have
<br /> no liability or obligation hereunder exceot for those, including reclamation obligations, already accrued
<br /> at such date oftermination Upon such termination,JUBILEE shall surrender the Property toOWNER,
<br /> and upon tier request shall deliver to tier a written instrument ir fuelher evidence of it, including but not
<br /> limited to machinery; equipment; 'cu||d'm0s; structures; fixtures,-Ores, waste,anu other materials; and
<br /> concentrated products of ores oroVie� materials.
<br /> 16ChoogosinovviershipofthePrope�ynrtherightstorece�eroyahiesho,runderorcurringmMer
<br /> ~delivery of this A�eementohaUnot be binding upox JUBILEE until i\ shaU receive vvnttannotice ofsuch
<br /> signed� '~OVVNER'together w� �haceihedcnpyurphotographiccnpyofthmrecurded
<br /> documents reflecting
<br /> �f zmDsuchchan8e, Nochang*ordiviokzninthenwnarehipofrhp9rope/ty, mimerai
<br /> interests nrnoya| es d hereafteraccomphshedshmUoperatetoen|ar0etheobl\gationsordiminishthc
<br /> rThoof JUBILEE hereunder.
<br /> I7 Al, notices hereunder shall be in writing and may be delivered by facsimile transmission with
<br /> confirmation of receipt, persona(delivery to an oKce of the pa-ty to whom direct, by courier, bfexp/esu
<br /> mail orhycc�iheJmaU postage prepa|d, return receipt requested. n
<br /> [id�c, party joy. from time to time,
<br /> change i ddressfor future notices h ' ' its |�ereurder by notice in accordance with this Section 17, Notices, all other documents, and payments s ha e|| b cort-p|eteandueemedohavebeengivenurmadeupunactua\
<br /> receipt or certified attempt to delivery, In the case of facsimile transmission notices shall be deemed to
<br /> have been given or made receipt thereof is confirmed by return facsi:,nile ,ranbrriissiun,
<br />
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