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ARTICLE VIII <br />GENERAL PROVISIONS <br />8.1 Force Majeure. Lessee shall not be liable or in default under any <br />provisions of this Lease for failure to perform any of iu obligations hereunder, except <br />payment of the minimum royalties and royalties herein provided, during periods in which <br />performance of such obligations reasonably is prevented by Force Majeure. The duration <br />of this Lease and of the time for completion and performance by Lessee of any of iu <br />right,;, obligations, and options under this Lease, except Lessee's obligation to pay <br />minimum royalties and royalties as herein provided, shall be extended for a period equal <br />to the duration of an event of Force Majeure, provided that Lessee gives Lessor written <br />notice of the existence of the event of Force Majeure within ninety (90) days after its <br />occurrence. All periods of Force Majeure shall be deemed to begin at the time Lessee <br />gives notice hereunder of the existence of Force Majeure. Lessee agrees, however, to <br />use reasonable diligence to remove any such Force Majeure as may occur. If an event <br />of Force Majeure exisu for a period of twelve (12) months or longer, either parry shall <br />have the right, but not the obligation, to terminate this Lease by giving written notice <br />of termination to the other party; provided, however, that said twelve (12) month period <br />shall be suspended and shall not be deemed to expire while Lessee is prudently <br />attempting to remove any such event of Force Majeure. <br />8.2 Notices. All notices, including writings, documenu, requests, <br />demands, approvals, paymenu, waivers, or otherwise, which are required or permitted by <br />this Lease, shall be in writing and shall have been made and given if actually delivered, <br />or shall be conclusively deemed to have been made and given on the date of the United <br />States postmark thereon when mailed by registered or certified mail, postage prepaid, <br />return receipt requested, to the address of the respective party first set out in this Lease. <br />Either of the parties may change their respective addresses for notice by giving written <br />notice of such change in accordance with the provisions of this Section. <br />8.3 Successors and Assigns. This Lease shall inure to the benefit of and <br />be binding upon the parties hereto and their respective successors and assigns. Either <br />party may assign iu interest herein without the prior consent of the other party. <br />8.4 W iv r. Lessor hereby waives any and all claims it may have against <br />Lessee, arising out of any prior coal leases between them, whether such claims are <br />absolute or contingent, known or unknown, suspected or unsuspected. <br />8.5 Headines Not Material. The headings and titles contained in this <br />Lease are used for the convenience of the parties only and shall not be considered in <br />any manner whauoever in the interpretation of this Lease or any of iu provisions. <br />8.6 Amendments. The parties may, by mutual written agreement, at any <br />time and from time to time, amend this Lease and any of the terms this Lease. <br />8.7 Entire Agreement. This is the entire agreement between the parties, <br />and no modifications will be effective unless in writing and executed by the parties. This <br />Lease merges the prior negotiations and understandings of the parties, and embodies <br />the entire agreement of the parties. <br />8.8 Counterparts. This Lease may be executed in any number of <br />counterparts, no one of which needs to be executed by all of the parties, and shall be <br />binding upon all parties who have executed such a counterpart, with the same force and <br />effect as if all parties had signed the same document. <br />IN WITNESS WHEREOF, this instrument is executed as of the effective <br />date. <br />-8- <br />