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8.5 Failure of the Permits transfer process in Section 4, above; <br /> 8.6 At Lessee's option, upon substantial interference with Lessee's operations by the oil, <br /> gas, or mineral owner, as referred to in Section 7.9. <br /> 9. Restoration and Reclamation. Lessee agrees that on completion of the removal of <br /> Material from pits that have been dug on the Property, the Lessee will back-slope such pits with <br /> unused waste substances, place topsoil on top, re-seed the back slopes with native grasses, and <br /> will otherwise complete all restoration and reclamation requirements of the Colorado Division of <br /> Reclamation, Mining and Safety. To the extent the restoration and reclamation is not completed <br /> by the termination of the Lease, Lessee shall have the right to enter the Property following Lease <br /> termination to conduct such restoration and reclamation work as may be required to discharge <br /> Lessee's responsibilities under the Permits and to obtain the release of any bond or other financial <br /> assurance provided by Lessee in connection with the Permits. <br /> 10. Remediation and Reclamation. Upon termination of the Lessee's mining operation, <br /> Lessee will perform remediation or reclamation described as Property as required by the mining <br /> permits held by Lessee and issued by the Colorado Division of Minerals and Geology. <br /> 11. Notice. Any Notice under this Lease shall be mailed via certified mail, return <br /> receipt requested, to the parties at their addresses listed below (or to such other address as a party <br /> may designate in writing): <br /> i <br /> Lessee: Connell Resources, Inc. <br /> 7785 Highland Meadows Parkway, #100 <br /> Fort Collins, CO 80528 <br /> Lessor: JRT Limited Partnership <br /> PO Box 3170 <br /> Cheyenne, WY 82003 <br /> Notice shall be considered given when deposited in the mail. <br /> 12. Time of the Essence. Time is of the essence to this Lease. <br /> 13. Default. If either Lessor or Lessee defaults under this Lease, then the non- <br /> defaulting party may give the defaulting party forty-five (45) days written notice specifying the <br /> paiticular default or defaults. If said default is not corrected within the 45-day period, then this <br /> Lease, at the option of the party who is not in default, may be terminated by such party, in which <br /> case the non-defaulting party may recover from the defaulting pmty such damages as may be <br /> proper, including all reasonable attorney's fees and costs. In the event of such default by Lessor, <br /> and Lessee elects to treat this Lease as terminated, then any pre-paid royalty not yet earned as of <br /> the termination date shall be returned to Lessee. In the event of such default by Lessee, and <br /> Lessor elects to treat this Lease as terminated, then all payments made hereunder shall be forfeited <br /> and retained by Lessor. In the event, however, the non-defaulting party does not terminate this <br /> 6 <br />