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5/13/81 <br />shall Eail to keep and perform any of the other covenants and <br />• agreements herein conta ine~7 to he performed by it and shall not <br />have cured or commenced to cure such default and continu_ such <br />curative action with diligence, within sixty (60) days after <br />written notice thereof given to Bear by Anchor, then this <br />Sublease shall, at the option of Anchor, terminate and be <br />void. Provided, however, that in regard to any breach by Bear <br />of its obligation to faithfully carry out all of the expressed <br />and implied undertakings of the Lease, Bear shall be deemed to <br />have cured any such breach if and to the extent that all <br />necessary action is taken within said sixty (60) day period to <br />preclu•:- termination of the Lease; and provided Further that <br />Bear shall be deemed to have cured any breach of its obligation <br />to abide by all applicable laws and regulations if within such <br />period or any shorter period provided by law Bear pays any fines <br />or penalty imposed as a result of any such violation. Upon the <br />occurrence of any of the foregoing defaults, the failure of <br />• Bear to cure such default, and the election of Anchor to <br />declare this Sublease terminated and void, Anchor may re-enter, <br />expel Bear and those holding under it, and hold'the leased coal <br />and the Property as its absolute property, as though this <br />Sublease had never been executed. Anchor's failure to claim or <br />assert any default hereunder at any times shall not be construed <br />as a waiver of or consent to any other or future defaults. <br />Article 16 - Assignment, Bankruptcy, etc. <br />If Bear shall voluntarily go into bankruptcy, or be <br />adjudicated a bankrupt pursuant to an involuntary petition, or <br />file an application under the Bankruptcy Code or~an answer <br />admitting the allegations~of an application Filed by others <br />thereunder, or shall voluntarily go into, or shall suffer or <br />permit a receivership of its or their property, then, and in <br />such event, this Sublease shall forthwith automatically <br />. terminate without any notice or demand whatever; and thereupon <br />Anchor may at once re-enter and take possession of the <br />-9- <br />' // . /i::.~ r <br />