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Docusign Envelope ID:2AEFE7F6-AB44-417F-969E-AA4F283CF777 <br /> payment is received by the Board. In addition, the Board may charge penalties as provided <br /> in the Board's published fee schedules, as may be amended from time to time. <br /> (b) Defaults. The occurrences of any one or more of the following events shall constitute a <br /> default hereunder by the Lessee: <br /> i. Failure by the Lessee to timely make any payment as required by this Lease. <br /> ii. Use or attempted use of the Leased Land by the Lessee for any purpose other <br /> than those permitted by this Lease without the written consent of the Board. <br /> iii. Failure by the Lessee to perform any of the covenants, conditions, or <br /> requirements contained herein in a timely manner. <br /> iv. Lessee becomes insolvent or makes any fraudulent transfer against the Board's <br /> interest or if a receiver or trustee is appointed for Lessee or if Lessee abandons <br /> the project. <br /> v. Any other event of default specified in this Lease. <br /> vi. Any of the above events of default may be cured by the Lessee within thirty (30) <br /> days after written notice thereof from the Board to the Lessee, unless otherwise <br /> provided in this Lease. If the nature of the Lessee's default is such that more <br /> than thirty (30) days are reasonably required to cure such default, then the <br /> Lessee shall not be deemed to be in default if the Lessee commences such cure <br /> within thirty (30) days after written notice and thereafter diligently pursues such <br /> cure to completion. A failure to diligently pursue a cure to completion within a <br /> reasonable time shall be deemed a default of the Lease. <br /> (c) Remedies. In any event of default, and in addition to any and all other rights of the Board <br /> hereunder or provided by law, the Board may exercise the following remedies at its sole <br /> option: <br /> i. The Board may terminate this Lease and the Lessee's right to possession of the <br /> Leased Land by any lawful means. The Board shall be entitled to recover from <br /> Lessee any unpaid amounts due to the Board and any other amount necessary to <br /> compensate the Board for the Lessee's failure to perform its obligations under <br /> this Lease. <br /> ii. If Lessee remains in possession of the Leased Land after termination or <br /> surrender of this Lease, Lessee shall be liable for rent during such holdover <br /> possession. The reasonable rent during holdover possession shall be two (2) times <br /> the current rent as set forth in this Lease. At the Board's option, Lessee may be <br /> construed to be in possession of the Leased Land and to be occupying the same <br /> so long as the Leased Land are used in any way to any extent by Lessee or so <br /> long as any of Lessee's personal property, equipment, fixtures, or <br /> improvements, or that of any of Lessee's agents, employees, invitees, <br /> contractors or subcontractors, remains on the Leased Land. Continued <br /> occupancy shall not establish a new or extended Lease Term or other right, no <br /> matter how long maintained and regardless of the Board's knowledge thereof. <br /> iii. The rights and remedies reserved to the Board, including those not specifically <br /> described herein that may be available in law or equity, shall be cumulative and <br /> the Board may pursue any or all of such rights or remedies at the same time or <br /> separately. Nothing in this section relieves Lessee of any responsibility to restore <br /> the Leased Land to its original condition as required by this Lease. <br /> 16. FINAL RECLAMATION - Lessee must restore any disturbed surface to its original condition as <br /> nearly as practicable, including grading and seeding as necessary. Reclamation plans must be <br /> EP 116819 Page 6 of 14 Revised_DOL_20240701 <br />