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• • <br />BK PO <br />765 639 <br />7. Breach by Lessee of any obligation arising <br />hereunder shall not work an automatic forfeiture or termination <br />of this Lease, nor cause an automatic termination or reversion of <br />the rights hereby created, nor be grounds for cancellation hereof <br />in whole or in part, except as herein expressly provided. In the <br />event that Lessor considers that operations are not at any time <br />being conducted in compliance with this Lease, or that Lessee has <br />in any manner breached its obligations hereunder, Lessor shall <br />notify Lessee in writing of the facts relied upon for that <br />conclusion and position, and if Lessee is in default, or if <br />operations are not being conducted in compliance with this Lease, <br />Lessee shall have 60 days after receipt of such notice in which <br />to remedy the default or to commence compliance with the <br />operating requirements of this Lease. Neither said notice by <br />Lessor nor response or lack of response thereto by Lessee shall <br />be- evidence that a breach has occurred or that operations are not <br />being conducted in compliance with the terms of this Lease. <br />8. If, in the future, Lessor owns less than the entire <br />fee interest in and to the Coal Rights on, in and underlying the <br />Leased Premises (whether or not such lesser interest is specified <br />herein), the payments to Lessor provided for herein shall be <br />proportionately reduced in accordance with the actual ownership <br />= of Lessor. <br />9. Lessee at any time may surrender or release this <br />Lease as to all (but not less than all), of the Leased Premises <br />by giving written notice to Lessor by an instrument effecting <br />such surrender or release and filing such instrument for record <br />in Gunnison County, Colorado. In the event of any such surrender <br />or release, all payments and liabilities which otherwise would <br />accrue thereafter as to the Leased Premises shall not accrue, <br />and, except as otherwise provided in this Lease, all duties with <br />regard thereto shall terminate; provided that the provisions of <br />Sections 6 and 10 shall survive any such termination. <br />10. Unless otherwise agreed in writing by Lessor, at <br />the earliest reasonable date, but not later than one year after <br />termination of this Lease for any reason, Lessee shall remove <br />from the Leased Premises all of its facilities, machinery, <br />equipment, tools and materials, except underground timbering <br />placed by Lessee in or on the Leased Premises which is necessary <br />for the preservation of the mine and nonhazardous waste <br />materials. If Lessor consents in writing to Lessee's non- <br />removal of any materials, tools, appliances, machinery, <br />structures and equipment, such items shall become the property of <br />Lessor upon expiration of said one-year period. <br />-5-