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theretofore removed and sold, and with those exceptions, <br />• Lessee's obligations hereunder shall be suspended and tolled <br />and the time for performance thereof and the term of this <br />Lease shall be extended for a period of time equal to each <br />such period during which performance by Lessee is so excused. <br />Lessee shall use reasonable diligence to attempt to remove <br />any preventing cause constituting a force majeure (as <br />specified above) and promptly upon the removal thereof, shall <br />resume performance of the obligations tolled and excused by <br />said preventing cause. The prevention or settlement of any <br />strike or labor dispute shall not, within the meaning of this <br />paragraph, be considered a matter within the control of <br />Lessee. <br />ARTICLE XII <br />TERMINATION OF LEASE <br />12.1 Termination By Lessor. Except as excused by Force <br />Majeure as set forth above (Article X), in the vent of the <br />• failure of Lessee to make any payment or to perform any other <br />substantial obligation required of it .under this Lease, <br />Lessor shall have the privilege of serving a written notice <br />on Lessee specifying in detail such default in performance. <br />If Lessee should fail to make such payment or perform any <br />other substantial obligation within ninety (90) days after <br />service of said notice (or, if such obligations cannot be <br />performed within said ninety (90) day period, shall fail to <br />promptly commence and thereafter diligently complete <br />performance of such obligation), then at the election of <br />Lessor, by written notice to Lessee, all of Lessee's rights <br />and interests under this Mining Lease shall become terminated <br />and forfeited to Lessor, except as hereinafter provided. <br />12.2 Disputes As To Default. If Lessee should dispute <br />that a default has occurred, it shall so adviso Lessor and <br />the question shall be determined by arbitration as <br />hereinafter provided. If the decision of the arbitrators <br />• shall be that Lessee was indefault, then it shall have ninety <br />(90) days after the decision within which to cure the default <br />12 <br />