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(3) Force Majeure. If during the term Lessee's right under the Lease to <br />mine and remove Minerals or remove, mine or produce Aggregate Products is materially <br />diminished or reduced as a result of any Force Majeure Event, and such diminishment or <br />reduction is or is reasonably expected to be permanent (as to which the burden of proof shall be <br />Lessee's), Lessee's obligations under this Lease shall terminate. <br />For purposes of this Lease, the term "Force Majeure Event" shall mean <br />any of the following: any material change in government regulations or the manner in which such <br />government regulations aze interpreted or enforced; Lessee's inability to obtain required permits <br />or approvals after commercially reasonable efforts; any other event beyond Lessee's reasonable <br />control including, without limitation, any order, decree, or direction by any governmental law, <br />executive order, rule, regulation, or request enacted or promulgated under color of authority; by <br />scarcity or inability to obtain equipment, material, power or fuel; by strike or lockout with respect <br />to a supplier or other third party upon which Lessee depends and can not reasonably be <br />substituted, or industrial disturbance; or by any act of God (including, without limitation, <br />lightning, earthquake, fire, storm, flood, or washout). <br />(c) Upon the termination of this Lease, Lessee shall surrender possession of <br />the Property to Lessor, shall execute and deliver to Lessor a recordable written release of all of <br />Lessee's rights, title and interest in this Lease. <br />(d) Upon termination of this Lease for any reason, in addition to any liability <br />of one party to the other arising from such termination, Lessee shall be responsible for <br />compliance with applicable laws and regulations relating to Lessee's operations on the Property, <br />including mining operation, mined land reclamation, local land use regulation, water <br />augmentation and environmental regulation and control; subject, however, [o Lessor's <br />s:Vegal\wkd\unccpuebloUease.tloc j7 xt~J <br />