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<br /> <br />(120) days after notice thereof. An additional 185 days to remove any Materials mimed <br />• and produced but not removed on the date of termination, an subject to the paymemrt of <br />royalties as provided herein. <br />10.) Materials will be weighed at scale in pit area <br />1 ]} Default >yLesse Tin the event any default occurs in the peonrtauce of <br />any tam of condition of this Lease by Lessee, Lessor shall have dw aright to give a thiry <br />(30) day notice in write to Lessee, demanding the cmIx tan or t+emoval of such default. <br />Such notice shali be sent registered retail to Lessee's place of business at P.O Box 627, <br />Ignacio, Colorado $1137. In the event Lessee fails to correct or remove BuQb default <br />within said period, Lessor nmy, at his option, terminate this Lease lit this Lease is <br />terminated by Lessor pursuant to this Article, Lessen' shall have no further rights or <br />remedies against Lessee except the ftfeiture of the lease. Lessee shalt have time <br />indicated above for rMoVal of My plant structures, imgrovennera, equipment or <br />materials placed on the leased premises by Lessee. <br />C. MISCELLANEOUS <br />1. Entire A ew • This Lase shall constitute the entire agreement <br />between the parties and any prior understamci*s or repre ations of any kind preceding <br />thee: date of this Lease shall not be binding upon eitber party to the extent incorporated <br />into this Lease. <br />2. Amealdxnent:_ 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. &everabili r: if any section, sub-section, Wanse, wa canoe, or phrase of <br />this Lease is for any reason held to be invalid by any court of compet cat Jurisdiction, it is <br />declared to be the intent of the parties that the remainirtg provisions of this Lease shall <br />remain in full force and effect. <br />4. Atta_„ rners Fees: Shaule{ any litigation be commenced between 'the parties <br />to this Lease, the party prevailing in such litigation shall be entitled, in adduition to such <br />other relief as may be granted, to a reasonable sure for its atwmcy's fees in such <br />litigation which shalt be determined by the court in such litigation or in a separate action <br />brouSM for that purpose. <br />s. Fo_mm: 1'he terms and conditions of this Lease Shall be constnuad, <br />interpreted and enforced in acaordanoe 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 wverdl counterparts, each of <br />wtuch shall constitute the same Lease. <br />•