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Lessee and Lessor shall have the right to immediate possession of the Premises and <br /> Lessee shall peacefully surrender possession of the Premises to Lessor. Lessee hereby <br /> waives any and all rights it may have, at law or in equity, to the receipt of notice of <br /> default or demand for forfeiture, except as expressly provided herein. In the event Lessee <br /> holds the Premises over beyond the termination of the Term, Lessor shall have the right <br /> to recover Lessor's cost in recovering possession of the Premises (including, without <br /> limitation, attorneys' fees and litigation costs), such amounts as may be permitted under <br /> applicable law and any other amounts due and payable to Lessor hereunder. In addition <br /> to the foregoing, if the Lease is terminated as aforesaid, then Lessor shall also have the <br /> right to recover from Lessee all damages allowable to Lessor under applicable law as a <br /> result of Lessee's default under this Lease. Lessor shall have no obligation to mitigate <br /> such damages, notwithstanding any obligation which may be implied under applicable <br /> law, and the parties agree that such agreement is a material part of the consideration for <br /> this Lease. <br /> (b) Lessor may perform for Lessee any of the obligations Lessee has agreed to <br /> perform hereunder if Lessee has defaulted in the performance of such obligations. Upon <br /> demand, Lessee shall reimburse Lessor for Lessor's cost of performing for Lessee <br /> together with an administrative charge equal to ten percent (10%) of Lessor's cost of <br /> performance as aforesaid. Any amounts so expended by Landlord shall be immediately <br /> due and payable and the failure of Lessee to pay such amounts shall entitle Lessor to all <br /> of the rights and remedies available to it as if an Event of Default had occurred. <br /> 14. Notices. All notices, claims, demands, and other communications hereunder shall <br /> be in writing and shall be deemed to have been given: (a) when delivered by hand (with written <br /> confirmation of receipt); (b) when received by the addressee if sent by a nationally recognized <br /> overnight courier (receipt requested); (c) on the date sent by facsimile or email (with <br /> confirmation of transmission) if sent during normal business hours of the recipient, and on the <br /> next business day if sent after normal business hours of the recipient, or(d) on the third(3rd) day <br /> after the date mailed, by certified or registered mail, return receipt requested, postage prepaid. <br /> Such communications must be sent to the respective parties at the following addresses(or at such <br /> other address for a party as shall be specified in a notice given in accordance with this Section <br /> 14): <br /> Lessor's Address: q t l(D 17ed4e Q.00ICt <br /> y <br /> v�?h;4el w <br /> Lessee's Address: 8 .54. A'' ja f,c" <br /> Mir 44, ee'Pr-/ <br /> 15. Liens. Lessor's title to the Premises is and always shall be paramount to the title <br /> of Lessee and nothing in this Lease shall empower Lessee to do any act which may cause a lien <br /> Excavation Lease Agreement <br /> Page 5 <br />