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<br />(120) days after notice thereof. An additional 185 days to remove any Materials mined <br />and produced but not removed on the date of termination, all subject to the payment of <br />royalties as provided herein. <br />10.) Materials will be weighed at scale in pit area <br />11) Default By Lessee, In the event any default occurs in the performance of <br />any term of condition of this Lease by Lessee, Lessor shall have the right to give a thirty <br />(30) day notice in writing to Lessee, demanding the correction or removal of such default. <br />Such notice shall be sent registered mail to Lessee's place of business at P.O Box 627, <br />Ignacio, Colorado 81137. In the event Lessee fails to correct or remove such default <br />within said period, Lessor may, at his option, terminate this Lease. If this Lease is <br />terminated by Lessor pursuant to this Article, Lessor shall have no further rights or <br />remedies against Lessee except the forfeiture of the Lease. Lessee shall have time <br />indicated above for removal of any plant structures, improvements, equipment or <br />materials placed on the leased premises by Lessee. <br />C. MISCELLANEOUS <br />1. Entire Agreement: This Lease shall constitute the entire agreement <br />between the parties and any prior understandings or representations of any kind preceding <br />the date of this Lease shall not be binding upon either party to the extent incorporated <br />into this Lease. <br />2. Amendment: No amendment or modification of this Lease shall be valid <br />or binding unless expressed in writing and executed by the parties hereto in the same <br />manner as the execution of this Lease. <br />3. Severability: If any section, sub-section, clause, sentence, or phrase of <br />this Lease is for any reason held to be invalid by any court of competent jurisdiction, it is <br />declared to be the intent of the parties that the remaining provisions of this Lease shall <br />remain in full force and effect. <br />4. Attorneys Fees: Should any litigation be commenced between the parties <br />to this Lease, the party prevailing in such litigation shall be entitled, in addition to such <br />other relief as may be granted, to a reasonable sum for its attorney's fees in such <br />litigation which shall be determined by the court in such litigation or in a separate action <br />brought for that purpose. <br />5. Forum: The terms and conditions of this Lease shall be construed, <br />interpreted and enforced in accordance with the applicable laws of the State of Colorado. <br />Venue for any action with regard to this Lease shall be in the Court location in the <br />County of La Plata, Colorado. <br />6. Counterparts: This Lease may be executed in several counterparts, each of <br />which shall constitute the same Lease.