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<br />adversely effect the Company's right to mine in the Company's sole discretion are not cured within <br />sixty (60} days after receipt of such notice, the Company, at its option, may terminate this Lease <br />without any further obligation [o Lessor or may cure such defect at Lessor's cost. Without regard <br />to any warranties of title given to the Company by Lessor, if Lessor owns less than all of the <br />Materials in, to and under all or any portion of the Property, then the amounts payable to Lessor <br />hereunder as advance minimum royalty payments and production royalty with respect to ownership <br />of the Materials shall be reduced in the proportion that the interest of the Lessor in the Materials <br />bears to all of the Materials in, to grid under the Property. <br />11. Labor and Materials. The Company agrees to indemnify Lessor and agrees <br />to hold Lessor free and harmless from any claim, charge, cause of action or damage based upon or <br />arising out of or in connection with the acts of the Company hereunder in regazd to the furnishing <br />of labor and acquisition of materials and supplies. The Company further agrees to keep the Property <br />free and clear of any lien, charge, claim or demand arising from the Company's operation hereunder <br />and to promptly pay for all labor performed on the Property and For all supplies, material, and <br />equipment used or placed on the Property. The Company shall notify Lessor promptly in regazd to <br />any lien, affidavit or other claim which may be made or attached against the Property as the result <br />of the Company's operations hereunder. <br />12. Environmental Matters. Lessor represents that there are no hazazdous <br />substances or underground storage tanks located on the Property and that there has been no discharge <br />of petroleum products or hazardous substances on or from the Propety and Lessor shall indemnify <br />andholdthe Company harmless from any cost, liability, loss, claim or demand incurred by or made <br />against the Company, including the attorneys fees and response or remediation costs incurred by the <br />Company, if this representation is not true in any material respect. <br />13. Termination. <br />A. ICeither party (hereinafter referred to as the "Defaulting Party") fails <br />to perform any of its obligations hereunder and such failure continues for a period of thirty (30}days <br />after written notice by the other party ("Other Party") to the Defaulting Pally specifying such failure, <br />-10- <br />