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(a) Lessee. <br /> (i) Each of the following events shall constitute a default or breach of <br /> this Lease by Lessee: <br /> (A) if Lessee fails to perform or comply with any of Lessee's <br /> obligations under this Lease and such failure continues for a period of thirty (30) days following <br /> delivery of written notice of such failure to Lessee, or if such breach requires a longer period to <br /> cure such breach, for such additional period, not to exceed six (6) months, cure such breach, <br /> provided that Lessee immediately commences action to complete such cure and continues with <br /> diligence until completed; or <br /> (B) If Lessee becomes the subject of bankruptcy, <br /> reorganization, assignment for benefit of creditors or any other procedures with similar purpose, <br /> whether voluntary or involuntary, or if Lcsscc's intcrcst in this Lease shall pass to or devolve on <br /> any other person or party. <br /> (ii) In the event of any such uncured default or breach by Lessee, <br /> Lessor may, at its election, declare the Term ended, and in accordance with applicable law, re- <br /> enter and re-take possession of the Leased Premises, or any part thereof. <br /> (b) Lessor. Lessor shall be in default or breach of this Lease if Lessor fails to <br /> perform or comply with any of Lessor's obligations under this Lease and such failure continues <br /> uncured for a period thirty (30) days following delivery of written notice of such failure by <br /> Lessee to Lessor, or if such breach requires a longer period to cure such breach, for such <br /> additional period, not to exceed six (6) months, to complete such cure, provided that Lessor shall <br /> immediately commence action to cure such breach and continues with diligence until completed. <br /> In the event of any such breach or default by Lessor, Lessee shall be entitled to exercise any and <br /> all applicable rights and remedies available at law or in equity. <br /> (c) Waiver. The failure of either party to insist on a strict performance of any <br /> of the terms and conditions hereof shall not be deemed a waiver of the rights or remedies that <br /> such party may have regarding that specific instance only, and shall not be deemed a waiver of <br /> any subsequent breach or default in any terms and conditions. <br /> (d) Cumulative Remedies. Any reference in this Lease to any particular right <br /> or remedy, or any exercise thereof, shall not limit a party to such right or remedy, nor preclude it <br /> from any other right or remedy to which such party might otherwise be entitled. <br /> 8. indemnity: Insurance. <br /> (a) Lessee Indemnification. Lessee agrees to indemnify, defend and save <br /> harmless Lessor and Lessor's employees and agents from and against any and all loss, claims, <br /> demands, causes of action, costs and expenses of whatsoever sort which may result from injury <br /> to or death of any persons whomsoever or loss of or damage to property whatsoever, where such <br /> injury, death, loss or damage arises in connection with Lessee's operations at the Leased <br /> Page 5 of 10 <br /> Flintstone-Scott Mining Lease <br />