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~ ~ ~ <br />• <br />of drill sites, etc., which approval shall not be withheld unreasonably, <br />provided mining 1s not presently being conducted. In case of a conflict, <br />the mining plan x111 govern. The Lessor x111 grant the Lessee the <br />right to Lease any additional coal held by the Lessor in Archuleta Lounty, <br />Colorado, under the terms and conditions agreeable to the parties and <br />the Lessor agrees not to Lease any such surface ar minerals for the <br />purpose of mining coal as long as coal 1s being produced by the Lessee <br />or Sub Lessee on any property in which the Lessor has an interest. <br />10. Liens. If the Land is encumbered by a mortgage, 11eR or <br />other charge, Lessee, folioxing notice to Lessor, shall have the right <br />to pay such mortgage, lien, or other charge if such is then in default <br />end deduct the same from the royalties payable to Lessor hereunder. <br />Lessor warrants that no mortgage not to existence et the time of <br />the signing of this Lease x111 be affixed to its interest. Th15 <br />paragraph does not mean that an assignment of the royalty interest 1s <br />forbidden. <br />C J <br />11. Default and Tenntnation. Lessee shall have the right to <br />terminate this lease in whole ar in part upon filing a Release in the <br />county records and giving written notice of such termination to Lessor. <br />In the event of such termination, Lessee shall have no further <br />liability hereunder, provided however that such termination shall not <br />affect rights or liabilities theretofore occurring which shall include <br />exploration obligations contained in paragraph 14. In the event <br />Lessee is in default under the teens of this Lease for something <br />other than the payment of money, Lessor may give Lessee written notice <br />of such default specifying the nature and extent of such default <br />with particularity and if such default 1s not cured by Lessee within <br />ninety (90) days of receipt of such written notice of default, Lessor <br />shall have the right to terminate this Lease by giving xritten notice <br />of such tenninatton to Lessee. In the event Lessee shall become <br />1n default under the teens hereof, including payment of money, Lessee <br />shall be liable to Lessor for damages resulting from such default. <br />Notwithstanding the foregoing, Lessee shall be 'excused from such <br /> <br />tennlnation of this Lease if its failure to comply is a result of an <br />-5- <br />