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penalties or any other legal or equable claim, regardless of Rs nature, arising out of or in any
<br />manner conneMed with the exercise of the rights herein grained, or which LESSOR may
<br />sustain or incur in connection with any litigation, investigation, or other expenditures incident
<br />thereto, including any sad instituted to enforce the obligation of this agreement of indemntty,
<br />due in whole or in part to any ad, omission or negligence of LESSEE or any of its
<br />representatives or employees. In the event the injuries, including death, or damages are due to
<br />the sole negligence of LESSOR or its representatives or employees, then and onty then shall
<br />LESSEE not be liable under the provisions of this paragraph.
<br />10. LESSEE may recoup, without: interest, out of earned royalties, all minimum advance
<br />royalties bewming payable hereunder whenever and as long as there are any minimum
<br />advance royalty payments which have been paid but not recouped by LESSEE.
<br />N. All royalties paid and payable-under this Lease, whether earned or minimum annual
<br />advance, and LESSEE'S present agreement to pay the same and LESSEE'S other present
<br />covenants hereunder, are consideration for this Lease according to all ds terms.
<br />12. Failure of LESSEE to perform any of the provisions of this Lease which are to be
<br />performed by it, or timety to make any of the payments agreed to be made by it hereunder,
<br />shall not ipso faGo terminate this Lease, but LESSOR may deGare a default on account thereof
<br />and may give LESSEE written notice, by registered mail, of its intention to terminate this Lease
<br />180 days from the postmarked date of the notice because of alleged default. If during such 180
<br />days LESSEE cures such default, or furnishes LESSOR indemnity against monetary loss on
<br />account thereof, this Lease shall continue in full force and effect; otherwise, d shall terminate on
<br />the Y802h day. LESSEE shall have the right but not the obligation to remove its Improvements
<br />from the Property leased hereby within the 90 days from the date of determination.
<br />13. All payments required to be made by LESSEE to LESSOR hereunder shall be duly
<br />made tt paid or tendered by check ordraft of LESSEE mailed or delivered to LESSOR cJo
<br />Rcutt County Courthouse 136 oth Steamboat- $pljngg Colorado 8u'477. Routt County
<br />Treasurer shall ad as LESSOR'S agent and shall continue as the depository for all payments
<br />hereunder regardless of changes in ownership of said Property or the payments, provided that,
<br />if LESSOR or its agem should be succeeded by another party, or for any reason fail to accept a
<br />payment, LESSEE shall not be held in default for failure to make or tender same ungl 30 days
<br />after LESSOR shall deliver LESSEE a proper, recordable instrument, naming another party as
<br />agent to receive such payments or tenders.
<br />14. In case of sub, adverse Gaim, dispute or question as to the ownership of any payments
<br />(or some part thereof) to be made by LESSEE. under this Lease, LESSEE may suspend
<br />payment thereof (or the part thereof in doubt), without interest, and shall not be held in default
<br />in payment thereof until such suit, claim, dispute or question has been finally disposed of, and
<br />LESSEE shall have 30 days after being famished with the original instrument or instruments
<br />disposing of such suit, claim or dispute (or a certified copy or copies thereof), or after being
<br />famished with proof sufficient, in LESSEE'S opinion, to settle such question, within which to
<br />make payments.
<br />?5. Should LESSEE be prevented from twmplying wRh any covenant of this Lease by any
<br />cause beyond the reasonable control of LESSEE, including without limitation scarcity of or
<br />inabiltty (resulting from any cause, including labor disputes) to obtain or to use equipment or
<br />material or wmpetent workmen or transportation facilities or operation of any law or lawful
<br />order, rule or regulation of governmental authority, then while so preveined LESSEE'S
<br />obligation to comply wtth such covenant shall be suspended, and LESSEE shall not be in
<br />default nor liable in damages for failure to comply therewith. The provisions of this paragraph
<br />are not intended to impair, and shall not be construed as impaidng, those other provisions of
<br />this lease which vest in the LESSEE the right to determine in the LESSEE'S sole discretion the
<br />nature, manner and extent of the operations, if any, to be conducted hereunder. ~~
<br />In@ial: ~.
<br />Initial: ~"/IJvf w
<br />473048 B-729 P-158 01 !14/1997 01: SSP PG 4 OF b ~"T
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