Laserfiche WebLink
<br />BK FAG <br />755 6~9 <br />7. $reach by Lessee of any obligation arising <br />hereunder shall not work an auto,-.,atic forfeiture or termination <br />of this Lease, nor cause an automatic termination or reversion of <br />the rights hereby created, nor be grounds for cancellation hereof <br />in whole or in part, except as herein expressly provided_ Ln the <br />event that Lessor considers =hat operatio.-ts are not at any time <br />being conducted irr compliance with this Lease, or that Lessee has <br />in any manner breached its obligations hereunder, Lessor shall <br />notify Lessee in writing of the facts relied upon for that <br />conclusion and position, and if Lessee is in default, or if <br />operations are not being conducted in compliance with this Lease, <br />Lessee shall have 60 days after receipt of such notice in~which <br />to remedy the default or to commence compliance with the <br />operating requirements or this Lease. 2leither said notice by <br />Lessor nor response or lack of response thereto by Lessee shall <br />be evidence that a breach has occurred or that operations are not <br />being conducted in compliance with the terms of this L<_ase. <br />8. If, in the future, Lessor owns less than the entire <br />fee interest in and to the Coal Rights on, in and underlying the <br />Leased Premises (whether or not such lesser interest is specified <br />herein), the payments to Lessor provided far herein shall be <br />propor[ionately reduced in accordance with the actual ownership <br />o£ Lessor_ <br />9. Lessee at any brae may surrender or release this <br />Lease as to all (but not less than a11), of the Leased Preaises <br />by giving written notice to Lessor by an instrument effecting <br />such surrender or release and filing such instrument for record <br />in Gunnison County, Colorada. In fire event of any such surrender <br />or zelease, all payments and liabilities which otherwise would <br />accrue thereafter as to the Leased Premises shall not accrue, <br />and, except as otherwise provided in this Lease, all duties with <br />regard thereto shall terminate; provided that the provisions of <br />Sections 6 and 10 shall survive any such termination. <br />10_ IIn]ess otherwise agreed in writing by Lessor, at <br />the earliest reasonable date, but not later than one year after <br />termination of this Lease for any reason, Lessee shall remove <br />frog the Leased Premises all of its facilities, machinery, <br />equipment, tools and materials, except underground timbering <br />placed by Lessee in or on the Leased Preaises whicin is necessary <br />for the preservation of the mina and nonhazardous waste <br />materials. If Lessor consents in writing to Lessee's non- <br />removal of any materials, tools, appliances, machinery, <br />structures and equipment, such items spell become the property of <br />Lessor upon expiration of said one-year period. <br />_~_ <br />