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18/09 '09 VEN 11:59 FAX 418 692 2420 CARRIEW POLXCOR INC _ X015 <br />t --? 8,1.5 The discontinuance or termination by Lessee of the business <br />failure aFLessee to reestablish within or n the ??' wed .in.by Lessee, and the <br />which this lease is entered into ? areswuptioa? of fire business for <br />termination of the Lessee's '? thirty 0) days hum the disconfin?uance or <br />business; <br />8.1.6 The abandonment by the Lessee of the propertyy eider by the removal of all of Lessee's <br />PMPBXtY tbarefrom, or by the Ailure of Lessee to make reasonable Rod actual use of the <br />PKDPmV for the purposes intended, notwithstanding the fact brat Lessee's property remains <br />on, or within the Property, for a period of tfiirty (30) days, unless such abandonment or <br />failure to make use of the Property is occasioned by govcmmental action or Pat=ount <br />authority and Lessee has caused Lessor to be duly uodfied of the circumstances of same. <br />However;, Lessee shall not be deemed as having discoutammd or terminated Lessc3a's <br />business operations, nor abandoned the PropertN even though the actual 1Viarble Quarry <br />operation is halted for a pciod in excess of thirty, (30) dW, provided that Lessee shall <br />continue to pay to Lessor the Nliuimum Royalty as set forth in paragraph 2.4_ <br />82 Remedies for Default of Lessee. In the event of any such default a$ deftmed above„ and at <br />any time thereafter, Lossoz may serve a vrrittmt notice upon Lessee that Lessor elects to <br />tnmimate Phis Agreement upon a speo4ed date not less than five (5) days after the date of <br />the serving of such notice, and this Agreement shall then termimtc on the date so specified <br />as if that date had been fixed originally as the expiration date of 68 1= herein granted, <br />unless Vathnn such time, Lessee shall remedy the default ?' <br />complained o <br />shall continue in frill force and effect. Should the Lessea P?ed e ?f, them tints Agreement <br />default and is unable to coinPaete ?y with awning the <br />additional is such cure within five (S) days, Lessee shall be granted an <br />thirty (30) days to effect such cure. Lessee covenauts and agrees that if the <br />default is not remedied as above prided, Lessor shall have in addition to all other ri and <br />remedies provided by lave, the right to enter and take possession of the <br />the removal themfrom of all of Lessees personal property located wiproperty <br />oror upon ? o cause <br />ProPor'y and the storing of same, such removal artd storage to be accomplished and the <br />expenses of such removal and storage to be asaassablo against Lessee in the same yu=, r as <br />Lessee s obligations for payments hereunder. In the event of ternaiuation of this Agreement, <br />Lessees obligation to pay royalties, expanses and other costs attributable to the property <br />and accrued or payable prior to the date of termination shall survive the tatranatim of the <br />Agreemeut. <br />8.3 Remedies Not Exclusive. Notwiths ug mWhing herein to the contrary, the es <br />herein set froth arc not GX0h sive, are cumulative may be exercised and secured in <br />addition to arty other remedies hene u provided or available at law. The exercise or pursuit <br />of one remedy shall not be deemed to be a waiver of the same or any other remedy, <br />8.4 dense. bn the event LMor zetaim the =-Wces of an atto or other agent <br />representative for the enforcment of Lemoes rights hereunder, Lessee shall be rosPo?ble <br />payment of any and all costs, expenses and fees irumavd by Lessor in <br />Connection therewith and all of the same maybo charged apdust Lessee and payable as <br />additional royalty,