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s/13/sl <br />improvements, Bear and Anchor 5ha 11 attemot to reach mutual <br />• ~ agreement concerning the fair market value thereof. If they <br />are unable to do so, either party may request an appraisal of <br />those improvements. The party making such request shall so <br />notify the other party in writing and list three (3) <br />appraisers. The party receiving the notice shall choose one of <br />the appraisers within ten (10) days of the receipt of the <br />notice. The decision of the appraiser as to fair market value <br />shall be binding upon the parties. Costs of the appraisal <br />shall be shared equally by the parties. All other improvements <br />shall be maintained by Bear in good condition, normal wear and <br />tear excepted. Any permanent improvements, equipment or <br />fixtures installed or placed by Bear on the Roberts Propzrty or <br />on the lands subject to the Lease shall be removed by Bear <br />within one hundred eighty (180) days of termination of this <br />Agreement, unless Anchor advises Bear that Anchor wishes to <br />acquire some or all of such permanent improvemens, equipment or <br />• fixtures, in which event Anchor shall pay Bear the fair market <br />value, as determined above, of the items to be so acquired. <br />7. Default in Payment of SPheelage Royalties. If Bear <br />shall fail or refuse to pay the wheelage royalty due under this <br />Agreement, when due, and any such failure or refusal shall <br />continue for a period of fifteen (ls) days after written notice <br />thereof is given to Bear by Anchor, then this Agreement sha 11, <br />at the option of Anchor, terminate and be void. Anchor's <br />failure to claim or assert any default in such payments at any <br />time shall not bz construed as a waiver of or consent to any <br />other or future defaults. <br />'B. Termination and Option to Anchor. if either this <br />Agreement, the Roberts Lease, or the Sublease shall terminate, <br />then each of the other two agreements shall also terminate as <br />of the same date, and neither party shall have any further <br />• obligations to the other, other than those accrued through the <br />date of termination; provided, however, that upon termination, <br />_ a ~~~5/ ~ '- -- <br />