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• <br />operations in the Mining Properties and in any adjacent properties, provided <br />that it is a lessee or otherwise an operator of such adjoining property. <br />1.2 Term. This Mining Lease shall commence on the effective date and <br />shall continue for a period of ten (10) years ending on June 1, 2016 (the <br />"Primary Term ") and so long thereafter as mining, production and/or <br />development are being conducted on a continuous basis, unless terminated <br />as hereinafter provided. It shall be considered that such operations are <br />continuous unless and until after the end of the primary term, a period of <br />three hundred sixty five (365) consecutive days elapses during which no <br />mining, production and /or development is conducted, excepting periods of <br />shut -down in the normal course of operations and force majeure. <br />"Development" Development shall mean work or construction in preparation for mining or <br />processing a proven or possible ore reserve, but not including drilling of <br />such an ore reserve. Unless otherwise specified, all references to the term of <br />this Mining Lease shall mean and include both the primary term and the <br />continuing term. <br />• I1. Representations of Ownership. Possession. etc. <br />• <br />2.1 Lessor Represents: <br />(a) Lessor is in exclusive possession of and represents that it holds <br />marketable title to the Mining Properties, free and clear of all defects in <br />title, adverse claims, liens, encumbrances or agreements affecting title of <br />any kind by, through or under Lessor. Any warranty or liability disputes <br />arising under this subsection shall be handled in the manner specified in <br />Section III hereof. <br />(b) The Lessor is not aware of any litigation, claims or demands made <br />by others with respect to the title of its Mining Properties. <br />(c) The Lessor has the right and authority to execute this Mining Lease <br />and to lease the Mining Properties to the Lessees. <br />(d) To the best of the Lessor's belief, no other person, association or <br />corporation has any interest or claim to the Mining Properties, and all <br />prior leases covering them have been terminated or released. <br />(e) To the best of Lessor's knowledge, the physical condition of the <br />2 <br />