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production royalties paid since the date of Lessee's <br />• acquisition of the necessary permits relative to <br />Section 35. <br />(c) Notwithstanding any provision to the contrary, no <br />advance royalty shall be paid to cover any period of time <br />subsequent to P.ugust 30, 1988. l~;hen the last advance <br />payment shall become due hereunder, it shall be pro-rated <br />from the due date of such payment to August 30, 1988. <br />(d) Any and all advance royalties paid pursuant to <br />this Paragraph 13 shall entitle the Lessee to remove the <br />tonnage of material represented by such payment (tonnage of <br />material calculated pursuant to the then existing <br />production royalty rate~at any time during the term hereof <br />without any increase in rate per ton under Paragraph 12 <br />above. If all of the advance royalty is not used by <br />offsetting against accrued production royalties in any <br />twelve month period (using the production royalty rate <br />applicable on date of payment of the advance royalty) the <br />Lessee shall nonetheless be privileged to offset it in such <br />manner against the next earned production royalties which <br />may accrue thereafter. ' <br />(e) Lessor shall under no circumstances be required to <br />repay Lessee any portion of the advance royalties. <br />14. Prompt payment of the amounts herein agreed upon <br />to be paid by Lessee and compliance with all terms and <br />conditions herein expressed is of the essence of the <br />Agreement, If Lessee shall fail to make said payment or <br />payments or shall fail to keep and perform the covenants <br />herein contained, Lessor may give Lessee written notice of <br />its intention to cancel this contract thirty (30) days <br />after such notice is given to Lessee unless within the said <br />thirty-day period the default complained of shall have been <br />cured. If such default is not cured at the end of said <br />thirty-day period, this Agreement shall become null and <br />void, and Lessee shall forthwith remove all of its property <br />and vacate the premises. Any past accrued royalties <br />(advance and production) and all necessary reclamation work <br />shall remain the obligation of Lessee and shall survive the <br />,•.,. :.i ir,n of t1~i~ .~~•i-, .- ~i•.t-. ~•- <br />