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2020-03-30_REVISION - P2013002
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2020-03-30_REVISION - P2013002
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Last modified
6/15/2021 11:32:33 AM
Creation date
3/30/2020 2:02:29 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
P2013002
IBM Index Class Name
REVISION
Doc Date
3/30/2020
Doc Name
Request For Modification
From
Zephyr Gold USA Ltd
To
DRMS
Type & Sequence
MD5
Email Name
TC1
MAC
AWA
Media Type
D
Archive
No
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--,..v i,v,.. _SJI , <br /> hereunder by the Lessee: <br /> 1. Failure by the Lessee to make any payment of rental or other payment of additional rental or charge <br /> required to be made by the Lessee hereunder, as and when due. <br /> 2. Use of the Leased Premises by the Lessee, its successors and assigns or attempted use of the Leased <br /> Premises for any other purpose than those permitted by this Lease without the prior written consent <br /> of the Lessor. <br /> 3. Failure by the Lessee to perform any of the covenants, conditions or requirements contained herein. <br /> Any of the above events of default may be cured by the Lessee within thirty (30) days after written <br /> notice thereof from the Lessor to the Lessee in accordance with Paragraph 22. <br /> Provided further that if the nature of the Lessee's default is such that more than thirty (30) days are <br /> reasonably required to cure such default, then the Lessee shall not be deemed to be in default if the <br /> Lessee shall commence such cure within such thirty(30) day period and thereafter diligently pursue such <br /> cure to completion. <br /> b)Remedies. In any event of default and in addition to any or all other rights or remedies of the <br /> Lessor hereunder or by the law provided, the Lessor may exercise the following remedies at its sole <br /> option: <br /> 1. Termination. Terminate the Lessee's right to possession of the Leased Premises by any lawful <br /> means, in which case this Lease shall terminate and the Lessee shall immediately surrender <br /> possession of the Leased Premises to the Lessor according to the terms of Paragraph 30. In such <br /> event of termination, the Lessor shall be entitled to recover from the Lessee: <br /> A. The unpaid rental, taxes and/or damages which have accrued up until the time <br /> of termination together with interest; and <br /> B. Any other amount necessary to compensate the Lessor for the Lessee's failure to perform <br /> its obligations under this Lease or which would be likely to result therefrom, including, but <br /> not limited to, the cost of recovering possession of the Leased Premises, cost of reclamation, <br /> expenses of reletting, including necessary repair, renovation and alteration of the Leased <br /> Premises, reasonable attorney's fees, and any other reasonable costs; and <br /> C. Interest upon such amounts, which shall be one point five percent (1.5%) per month or <br /> portion thereof or, in the alternative and at Lessor's sole discretion, at a rate as provided in <br /> Lessor's published fee schedules at the time the interest accrues. Such interest shall accrue <br /> from the dates such amounts accrued to the Lessor until paid by the Lessee. <br /> 2. Possession of Leased Premises, Improvements and Equipment. If, upon termination of this Lease <br /> for any reason, whether by surrender, forfeiture or expiration of term or otherwise, Lessee shall not <br /> have fully complied with the terms of this Lease, Lessor shall hold and retain possession of the <br /> Leased Premises, improvements, and equipment of Lessee as security unto Lessor for the payment <br /> of rents and royalties due Lessor, or to protect Lessor against liens, or to indemnify Lessor against <br /> any toss or damage sustained by Lessor by reason of the default of Lessee, for which purpose Lessor <br /> is hereby given a lien upon all the Leased Premises, improvements, and equipment, which lien shall <br /> attach as the same are placed upon the Leased Premises. In the event Lessor shall foreclose the <br /> lien in this Paragraph given to Lessor by Lessee, Lessor may itself be a purchaser at any sale thereof <br /> under such foreclosure. <br /> c) Unlawful Detainer. Upon the termination of this Lease for any cause, if Lessee shall remain in <br /> Page 14 of 18 <br />
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