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• <br />• <br />• <br />strike, threat of strike, fire, flood, delay in transportation, or insurrection, <br />mob violence, requirement or regulation of government, unavoidable <br />casualties, shortage of labor, equipment, material, plant breakdown or other <br />disabling causes, or for any reason which cannot be reasonably overcome by <br />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 <br />of said obligations shall be suspended during such period of disability, and <br />the time for performance of said obligations shall be extended for a period <br />equal to the period of disability. Lessee shall notify Lessor in writing as soon <br />as it is practicable of its invocation of force majeure. <br />9.3 Assignment. The Lessee may not assign all or any portion of its interest <br />in the Mining Properties without the consent of the Lessor. <br />9.4 First Refusal. In the event Lessor determines to sell its interest, it shall <br />give Lessee a right of first refusal. <br />9.5 Filing on Additional Water Rights. The Lessee shall have the full and <br />exclusive rights to use all water and water rights connected with or <br />appurtenant to the Mining Properties. If, through operations hereunder, the <br />Lessee develops additional water, then the Lessee may appropriate or claim <br />such additional water as -its own property subject to the Lease and Lessor's <br />right to receive an assignment of Lessee's interest upon expiration or <br />termination of the Lease. <br />9.6 Binding Nature. This Mining Lease shall be binding upon and inure to <br />the benefit of the parties hereto and their respective successors and assigns. <br />This Mining Lease contains the entire understanding between the parties <br />hereto and may not be amended except in writing by mutual consent of the <br />parties. <br />9.8 Memorandum. The Lessor and Lessee shall execute and record a <br />memorandum of this Mining Lease upon the request of either party. <br />9.9 Notices. Any notice, election, invoice, payment or other correspondence <br />required, permitted, or requested hereunder shall be deemed to have been <br />properly given and delivered when made in writing and personally delivered, <br />or made in writing and sent by United Stated certified or registered mail, <br />with all necessary postage or charges fully prepaid, and addressed to the <br />party at the address specified below or any other address substituted <br />13 <br />