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ARTICLE XHI <br /> TERMINATION <br /> Section 13.1 In addition to the remedies available to Lessor under the provisions of this Lease <br /> and all applicable laws, Lessor shall have the right at Lessor' option to terminate this Lease if Lessee fails <br /> to perform any of its obligations hereunder as follows: <br /> (a) If Lessee fails to pay when due any amounts to be paid hereunder, Lessor may <br /> at Lessor's option give Lessee written notice of such failure and Lessee shall have 45 days from the date it <br /> receives notice to pay the amounts owed to Lessor. If Lessee fails to pay the past due amounts to Lessor <br /> within the 45 day period, Lessor may at Lessor's option declare Lessee in default and terminate this <br /> Lease. <br /> (b) If Lessee defaults in the performance of any obligation hereunder other than the <br /> obligation to pay money when due, Lessor may at Lessor's option give written notice of such default to <br /> Lessee, and Lessee shall have 30 days from the date it receives such notice to cure the default. If Lessee <br /> fails to cure the default within the thirty day period, Lessor may at Lessor's option terminate this Lease; <br /> provided, however, that if the default is minor and the default can be fully compensated for in damages, <br /> then such default shall not be a basis for cancellation or forfeiture of this Lease or any of Lessee's rights <br /> hereunder if Lessee pays the full amount of damages within 30 days after demand by Lessor. If, through <br /> no fault of Lessee, such failure is impracticable to correct within the 30 day period, Lessor shall have no <br /> right to terminate this Lease if Lessee commences in good faith to correct the failure and provided that <br /> Lessee diligently pursues and completes the correction within a reasonable time not to exceed 90 days. <br /> (c) If Lessee shall file a petition under any section or chapter of the federal <br /> Bankruptcy Code, as amended, or under any similar law or statute of the United States or any state <br /> thereof; or Lessee or Guarantor shall be adjudged bankrupt or insolvent in proceedings filed against <br /> Lessee or Guarantor. <br /> Section 13.2 Upon termination of this Lease for any reason, Lessee shall continue to be liable <br /> for the performance of all obligations and the satisfaction of all liabilities to Lessor including, but not <br /> limited to, the payment of royalties which have accrued prior to the date of termination and the <br /> compliance with all laws, regulations, and permit conditions that apply to the Property and the operations <br /> on the Property including, but not limited to the Permits all reclamation, environmental and land use laws, <br /> regulations and permit conditions. <br /> Section 13.3 Upon termination of this Lease with respect to all or any part of the Property, <br /> Lessee agrees to furnish Lessor with a document reasonably satisfactory to Lessor verifying such <br /> termination and release of Lease. <br /> Section 13.4 Upon termination of this Lease by Lessee for any reason, all sums paid hereunder <br /> to Lessor shall remain the property of Lessor and shall not be recoupable or refundable except to the <br /> extent that they have already been recouped or refunded as of the effective date of termination. <br /> Section 13.5 End of Lease Term.-Lessee shall have the right for one year from the date of the <br /> expiration or termination of this Lease to dismantle and remove machinery, equipment, improvements, <br /> and other facilities installed or constructed on the Property by Lessee and also to sell and remove <br /> Materials then stockpiled on the Property, subject to its obligations under this Lease including, without <br /> limitation, the obligations to pay Production Royalties and maintain insurance. <br /> 8 <br />