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<br />In the event that Cyprus fails or refuses to pay Surface Owner the annual fee as required <br />herein within ten (10) days after Surface Owner sends written notice to Cyprus, Surface <br />Owner may, at Surface Owner's sole election, immediately terminate this Agreement without <br />further notice to Cyprus. The taking of action to remedy any alleged violation by Cyprus <br />shall not be deemed an admission by Cyprus hereunder of the facts, causes or state of events <br />described and set forth in Surface Owner's notice to Cyprus. <br />I5. 'ver. Even if Surface Owner waives Cyprus' breach of any provision of this Agreement on <br />one or more occasions, that shall not mean that Surface Owner waives the right to enforce the <br />same or any other provision in case of a later breach by Cyprus. <br />16. Post-Mining, Reclamation and Land Use Under applicable law, Cyprus is required to <br />perform certain reclamation, to conduct monitoring and to do and perform such other acts as <br />are required by the appropriate regulatory agencies, which agencies may or might be state, <br />federal or local. Accordingly, the rights granted hereunder shall not necessarily be dependent <br />upon Cyprus being actively involved in coal mining operations in, on or beneath the surface <br />of the Lands or in, on or beneath adjacent lands. For so long as Cyprus has any rights under <br />this Agreement or has such obligations under its mining permit(s), it shall be entitled to have <br />access to the Lands in order to perform such reclamation, conduct monitoring and such other <br />acts as may be required from time to time. <br />I7. Re[ationshRotthe Parties. Nothing in this Agreement shall be interpreted or construed as a <br />co-partnership or joint venture between Surface Owner and Cyprus in any of the operations to <br />be conducted in, on or under the Lands by Cyprus. <br />18. $g ulg tnlV Compliance. Cyprus will, at all times, fully and promptly comply with all <br />applicable laws, Hiles and regulations of any lawful governmental authority which apply to its <br />occupancy and use of the Lands under this Agreement. <br />19. Amendment This Agreement may be amended only by a written amendment <br />signed by both parties. <br />20. Surrender nj the Premises. When this Agreement is temunated or the current Agreement <br />term expires, Cyprus shall peaceably surrender the Lands to Surface Owner, free and clear of <br />all liens and encumbrances made or allowed by Cyprus or in any way arising out of this <br />Agreement or Cyprus' use of the Lands. In addition, at the end of this Agreement Cyprus <br />agrees to the following: <br />a. To adequately plug and reclaim all drill site azeas with available topsoil; <br />b. To adequately reclaim drill site access road(s) with available topsoil, unless otherwise <br />agreed to between the parties in accordance with pazagraph 20(g); <br />c. To repair any damages to Surface Owner's improvements caused by Cyprus' operations; <br />~o5~re.ooin~o - 6 - <br />