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<br /> <br />Coal Company of Flatiron Paving Company's default notice. <br />If Walden Coal Company shall default in the performance of <br />any other covenant to be performed on its part, Flatiron <br />Paving Company shall have the option, after written notice <br />setting forth such default, to terminate this Sublease at <br />the end of ninety (90) days from the date of receipt of such <br />notice by Walden Coal Company, provided, however, that <br />Walden Coal Company may preserve this Sublease and prevent <br />such termination by the good faith commencement of perform- <br />ance of operations to remedy the default within the said <br />ninety (90) days, and in the event of Walden Coal Company's <br />• failure to do so, this Sublease shall be deemed expired. <br />It is agreed that any controversy or claim arising out <br />of or relating to this Sublease, or the breach thereof, <br />shall be settled by arbitration in accordance with the Rules <br />of the American Arbitration Association, and judgment upon <br />the award rendered by the arbitrator(s) may be entered in <br />any court having jurisdiction thereof. <br />In the event of dispute, or litigation as to title or <br />as to royalties, or payments or performances hereunder, any <br />accrued royalties or payments due may be deposited in escrow <br />in First National Bank in Boulder, Boulder, Colorado, to be <br />held until such lease, mineral deed, or other instrument has <br />been released or cancelled as to the leased premises or <br />• until such dispute or litigation is finally terminated. Any <br />sums deposited in escrow by Walden Coal Company shall be <br />deemed payment of royalties or other sums due hereunder. <br />Any dispute between parties hereto shall not interfere <br />with Walden Coal Company's right to continue operations in <br />the same manner as prior to such dispute until all matters <br />in dispute have been finally determined between the parties <br />• and thereupon such payments or restrictions shall be made as <br />may be required under the terms of the settlement or final <br />determination of the dispute. <br />-6- <br />