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11. Default and Termination. <br /> 11.1 If Lessee fails to make payments or fails to perform as agreed, Lessor may give <br /> Lessee written notice of default. If any payment default is not cured within ten <br /> (10) days after notice, or if any other default is not cured within thirty (30) days <br /> after such notice is given to Lessee (unless more than thirty (30) days is required <br /> for cure and Lessee commences cure within the thirty (30) day period after notice <br /> is given and diligently pursues cure to completion), this Lease shall terminate at <br /> the option of Lessor, and Lessee shall surrender the Property to Lessor and <br /> perform the reclamation work as provided in Section 9, or Lessor may pursue any <br /> other remedy available to Lessor at law or in equity, all of which remedies <br /> (including termination) shall be cumulative. <br /> 11.2 Any Royalties required to be paid, all obligations accrued to the date of <br /> termination, all indemnifications, and all necessary reclamation and re-vegetation <br /> work and any obligation with respect to environmental laws or liabilities, shall <br /> survive termination of this Lease by expiration of the Term or otherwise. <br /> 12. Notice.Notice required or permitted under the Lease shall be in writing and may be given <br /> by personal delivery, United States certified mail or nationally recognized overnight <br /> carrier(for example, FedEx). If given by personal delivery, notice shall be effective upon <br /> receipt. If sent by certified mail,postage prepaid, return receipt requested, notice shall be <br /> deemed to have been received on the first attempted delivery date. If sent by overnight <br /> carrier, notice shall be deemed received on the next regular delivery date, excluding <br /> Saturdays, Sundays, and holidays. The addresses of the parties are listed in the <br /> introductory paragraph of this Lease. Notice of change of address may be given in the <br /> manner for notice specified in this Section 12. <br /> 13. Authorization. Each party warrants and represents to the other that such party has taken <br /> all actions necessary to make this Lease a valid obligation binding upon the party, and <br /> that all requirements of any applicable charter, ordinance, statute, or constitutional <br /> provision regarding the approval and execution of this Lease have been met. Further, <br /> each person signing this Lease for an entity warrants and represents to the other party that <br /> he or she is duly authorized to sign this Lease for that entity and to bind that party to the <br /> covenants and obligations stated in this Lease. <br /> 14. No Assignment or Sublease by Lessee. Lessee shall not (voluntarily or involuntarily) <br /> assign, sublet or otherwise transfer all, any part of, or any interest in Lessee's interest in <br /> this Lease or in the estate created by this Lease, or any rights or obligations granted by <br /> this Lease, without the prior written consent of Lessor, which consent may be withheld, <br /> delayed or conditioned in Lessor's sole and absolute discretion. Any assignment, sublet <br /> or transfer without Lessor's written consent is void. <br /> 15. Headings. The captions of the sections of this Lease are for convenience and ease of <br /> reference only and do not define, limit, augment or describe the scope, content or intent <br /> of this Lease or of any part of it. <br /> 9 <br />