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Property which cannot be removed,as well as Lessee's relocation costs,damages and losses, <br /> and the loss of its leasehold interest(collectively, "Losses"). In addition, Lessee may on its own <br /> behalf make a claim for its Losses in any condemnation proceeding involving the Property. Any <br /> such notice of termination shall cause this Agreement to expire with the same force and effect as <br /> though the date set forth in such notice were the date originally set as the expiration date of this <br /> Agreement and the Parties shall make an appropriate adjustment as of such termination date with <br /> respect to payments due to each other under this Agreement. If Lessee does not terminate this <br /> Agreement in accordance with the foregoing,this Agreement shall remain in full force and <br /> effect as to the portion of the Property remaining, except that the minimum royalty payments <br /> described herein shall be reduced in the same proportion as the amount of mining area of the <br /> Property taken bears to the total mining area of the Property. In the event that this Agreement is <br /> not terminated by reason of such condemnation, Lessor shall promptly repair any damage to the <br /> Property caused by such condemning authority. In the event this Agreement is not terminated, <br /> Lessee shall also be entitled to an award for its Losses. <br /> 18. LIMITATION OF LIABILITY. Lessee will not be liable in any way to any <br /> person or entity which might claim ownership and/or other interest in or to minerals located on,under,or <br /> adjacent to the Property by reason of entry into this Lease or the extraction and removal of sand,gravel,or <br /> other material pursuant to the terms of this Lease,and Lessor shall indemnify Lessee against and save <br /> Lessee harmless from any and all liability,loss,damage,expense,causes of action,suit,claims or <br /> judgments,which might arise or be incurred by Lessee as a result of any such claim by any person or entity. <br /> 19. DEFAULT AND FORFEITURES. If either party shall be in default with respect to <br /> any of the provisions of this lease,the other party shall give written notice of such breach and allow 10 days <br /> to cure any such default ffthe matter is not then satisfactorily resolved,such party may elect to enforce the <br /> terms and conditions to this lease or any other remedy available to such party,as may be provided by law. <br /> 20. PARAGRAPH HEADINGS. The paragraph headings of this Agreement are inserted <br /> only for reference and do not affect the terms and provisions hereof. <br /> 21. RIGHTS OF SUCCESSORS. All of the rights and obligations of the panties hereto shall <br /> bind and inure to the benefit of such parties and to their respective heirs,personal representatives, <br /> successors,and assigns. <br /> 22. INTEGRATION. It is agreed and understood that this Agreement contains all <br /> agreements,promises and understandings between Lessor and Lessee and that no verbal or oral <br /> agreements,promises or understandings shall be binding upon either Lessor or Lessee in any <br /> dispute,controversy or proceeding at law,and any addition,variation or modification to this <br /> Agreement shall be void and ineffective unless made in writing signed by the Parties. In the <br /> event any provision of the Agreement is found to be invalid or unenforceable,such finding shall <br /> not affect the validity and enforceability of the remaining provisions of this Agreement. The <br /> failure of either Party to insist upon strict performance of any of the terms or conditions of this <br /> Agreement or to exercise any of its rights under the Agreement shall not waive such rights and <br /> such Party shall have the right to enforce such rights at any time and take such action as may be <br /> lawful and authorized under this Agreement, in law or in equity. <br />