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• from. Depletion allowance, as defined by the United States Tax code shall be <br />apportioned between the parties as the interest of the parties shall be in the ore, <br />minerals or metals generating the depletion allowance. <br />(f) The Lessee shall pay before delinquency all ad valorem taxes and other <br />governmental charges, which if failed to be paid when due could result in a lien on <br />the Mining Properties, but may in good faith contest the validity or amount of any <br />such tax. <br />9.2 Force Majeure. If Lessee should be prevented or delayed from performing any of the <br />obligations of this Lease by reason of or act of nature, strike, threat of strike, fire, flood, <br />delay in transportation, or insurrection, mob violence, requirement or regulation of <br />government, unavoidable casualties, shortage of labor, equipment, material, plant <br />breakdown or other disabling causes, or for any reason which cannot be reasonably <br />overcome by the means normally employed in performance, any such failure to perform <br />shall be excused and not be deemed a breach of this Lease, and performance of said <br />obligations shall be suspended during such period of disability, and the time for <br />performance of said obligations shall be extended for a period equal to the period of <br />disability. Lessee shall notify Lessor in writing as soon as it is practicable of its <br />invocation of force majeure. <br />9.3 Assignment. The Lessee may not assign all or any portion of its interest in the <br />is Mining Properties without the consent of the Lessor. <br />9.4 First Refusal In the event Lessor determines to sell its interest, it shall give Lessee a <br />right of first refusal. <br />9.5 Filing on Additional Water Rights The Lessee shall have the full and exclusive <br />rights to use all water and water rights connected with or appurtenant to the Mining <br />Properties. If, through operations hereunder, the Lessee develops additional water, then <br />the Lessee may appropriate or claim such additional water as -its own property subject to <br />the Lease and Lessor's right to receive an assignment of Lessee's interest upon expiration <br />or termination of the Lease. <br />9.6 Bindin Ng ature This Mining Lease shall be binding upon and inure to the benefit of <br />the parties hereto and their respective successors and assigns. This Mining Lease contains <br />the entire understanding between the parties hereto and may not be amended except in <br />writing by mutual consent of the parties. <br />9.8 Memorandum The Lessor and Lessee shall execute and record a memorandum of <br />this Mining Lease upon the request of either party. <br />9.9 Notices. Any notice, election, invoice, payment or other correspondence required, <br />permitted, or requested hereunder shall be deemed to have been properly given and <br />delivered when made in writing and personally delivered, or made in writing and sent by <br />• United Stated certified or registered mail, with all necessary postage or charges fully <br />March 12, 2010 Amendment M- 1981 -185 10 <br />