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<br />declare this Agreement in default and giving said non-defaulting <br />party the remedies hereinafter set forth. <br />In the event of a default in the agreement by C & C Sand, <br />Stack may terminate this Agreement only in the event said de- <br />fault is for the nonpayment by C 6 C Sand of a monetary term <br />contained herein, and in the event of any other default, Stack's <br />only remedy shall be for money damages and shall not result <br />in the termination of this Agreement. <br />In the event of a default of either party, the non-default- <br />ing party may seek such damages against the defaulting party <br />as the law may allow, including reasonable attorney's fees <br />and costs. The parties acknowledge that the loss of profit <br />and the monies expended by a party pursuant to the rights cre- <br />ated hereunder shall be included in said damages. <br />(9) OPTION TO RENEW. The parties hereby agree that C <br />6 C Sand shall have a one-time option to renew this Agreement <br />for an additional 36 month period according to the same terms <br />and conditions set forth herein except that the minimum monthly <br />payments shall be increased on a yearly basis at five percent <br />(58) per year and the royalty payment per ton shall increase <br />from $1.00 per ton on a yearly basis at five percent (5B) per <br />year. <br />(10) MISCELLANEOUS. This Agreement contains all the <br />terms and conditions by and between the parties and may be <br />mod ifed only by written modification. All notices required <br />-7- <br />