Laserfiche WebLink
shall furnish LESSEE with the instrument or instruments, or certified copies thereof evidencing such <br />change, transfer or division of ownership. <br />20. Default of LESSEE: The failure of the LESSEE to make or cause to be made any of <br />the payments herein provided for a period ofsixty (60) days after written notice thereofby LESSOR; <br />or the failure of LESSEE to keep or perform any agreement on its part to be kept or performed <br />according to the terms acrd provisions of this Agreement, with such failure continuing uncured for <br />sixty (60) days following written notice from LESSOR to LESSEE specifying the nature of such <br />failure (or, if such failure is not reasonably susceptible of cure within sixty (60) days, then within <br />a reasonable period of time provided that LESSEE shall commence such cure within said sixty (60) <br />day period and shall thereafterprosecute such cure to completion using reasonable diligence), shall, <br />at the election of the LESSOR, constitute an "Event of Default" hereunder. <br />Upon the occurrence of an Event of Default, LESSOR may, at its option, terminate this <br />Agreement, whereupon LESSEE shall have ninety (90) days after such termination within which to <br />remove any non-excepted plants, improvements, machinery, structures, or equipment located or <br />installed on the Leased Premises by LESSEE. After such a termination, no mining operations may <br />be conducted on the Leased Premises. <br />If this Agreement is terminated by LESSOR pursuant to this section, LESSEE shall <br />nevertheless be liable to LESSOR for any and al] accrued and outstanding unpaid Royalties, as well <br />as for any other actual (but not consequential or special) damages incurred by LESSOR as a result <br />of LESSEE'S default, including, but not limited to, collection costs, court costs and reasonable <br />attorneys' fees. <br />21. Default of Lessor: The failure of the LESSOR to keep or perform any agreement on <br />its part to be kept or perfarmed according to the ternrs and provisions of this Agreement, with such <br />failure continuing uncured for sixty (60) days following written notice from LESSEE to LESSOR <br />specifying the nature of such failure (or, if such failure is not reasonably susceptible of cure within <br />sixty (60) days, then within a reasonable period offnne provided that LESSOR shall commence such <br />cure within said sixty (60) day period and shall thereafter prosecute such cure to completion using <br />reasonable diligence), shall, at the election of the LESSEE, constitute a default of LESSOR <br />hereunder. <br />Upon the occurrence of a default by LESSOR, LESSEE may, at its option, and in addition <br />to other rights and remedies which may be available at law or in equity, (i) terminate this Agreement, <br />whereupon LESSEE shall have ninety (40) days after such termination within which to remove any <br />non-excepted plants, improvements, machinery, structures, or equipment located or installed on the <br />Leased Premises by LESSEE, or (ii) cure such default at LESSOR'S expense and deduct the costs <br />and expenses of such cure {inclusive of any court costs and reasonable attorneys fees incurred in <br />connection therewith) from the Royalty which may thereafter become due and payable. <br />22. Surrender and Termination: This Agreement may be terminated, in whole or in part, <br />at any time, and from time to time, by mutual written consent of LESSOR and LESSEE, subject to <br />0)/06/2002 L.G. Evens[ /Rock Island Land Co. Page 9 <br />Option and Lease Agireement <br />