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36. REASONABLE COOPERATION --lessor shall reasonably cooperate with Lessee efforts to obtain <br /> permits, complete applications, and obtain all such approvals as are necessary to commence mining <br /> operations on the Leased Premises. Such cooperation shall not impose costs or expenses upon <br /> Lessor, nor an unreasonable burden on State resources. <br /> 37. RECORDING. Lessor shall reasonably cooperate with Lessee to draft and execute a Memorandum of <br /> Lease that shall be recorded in the property records for El Paso County, Colorado. Such cooperation <br /> shall not result in (i) costs or expenses for Lessor, (ii) an unreasonable burden upon State resources, <br /> or (iii) any violation of CORA. <br /> 38. MISCELLANEOUS PROVISIONS- <br /> A. Waiver. The waiver of any breach of any provision of this Lease by any party hereto shall not <br /> constitute a continuing waver of any subsequent breach of said party, for any breach of the same or <br /> any other provision of the Lease. <br /> B. Heading for Convenience Only. Paragraph headings and titles contained herein are intended for <br /> convenience and reference only and are not intended to define, limit or describe the scope or intent of <br /> any provisions of this Lease. <br /> C. Non-Severability. If any term or provision of this Lease proves to be invalid, unenforceable, void, or <br /> illegal, the remainder of this Lease will not be affected thereby, and will be valid and be enforced as <br /> written. <br /> D. Effect of Invalidity. If any provision or portion of this Lease or the application thereof to any person <br /> or circumstance shall, at any time or to any extent, be invalid or unenforceable for any reason by a <br /> Court of competent jurisdiction, and the basis of the bargain between the parties hereto is not <br /> destroyed or rendered ineffective thereby, the remainder of this Lease, or the application of such <br /> provisions to persons or circumstances other than those as to which it is held invalid or unenforceable, <br /> shall not be affected thereby. <br /> E. Binding Effect. This Lease and the rights and obligations created hereby shall be binding upon and <br /> shall inure to the benefit of the parties hereto and their respective successors and assigns, including <br /> but not limited to Lessee's employees and officers, agents, affiliates, contractors, subcontractors <br /> and/or purchasers. <br /> F. Amendment. Except as specifically provided in Paragraph 2, this Lease may be modified, amended <br /> or changed only by an agreement in writing duly authorized and executed by the signers hereof or of <br /> persons acting in the same capacity for such party. <br /> G. Governing Law and Venue. This Lease and its application shall be construed in accordance with the <br /> laws of the State of Colorado. The parties agree that venue for any litigated disputes regarding this <br /> Lease shall be City and County of Denver. <br /> Page 12 of 15 <br /> 1352470-2 <br />