2011-12-29_PERMIT FILE - C1981012A (7)

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Lorencito Coal Company, LLC 4422 Bryan Station Road • Lexington, Kentucky 40516 Picketwire Processing, LLC 4422 Bryan Station Road Lexington, Kentucky 40516 (C) Any party may change its address(es) and telephone facsimile number(s) shown above by giving the other parties appropriate written notice pursuant to Section 15 hereof. 15. Default and Forfeiture. Except as expressly set forth herein, Lessee' s liability to Lessor for default and forfeiture shall be limited to the full extent so provided and acknowledged by Lessee herein. (A) Any failure by Lessee to pay when due and payable either the Rentat, Monthly Minimum Rental or any other payment due Lessor hereunder shall constitute a default under this Agreement In the event of any such default, Lessor shall give Lessee written notice of such default. In the event of any failure to so cure, the Lessor shall have the right, at its sole option, and in addition to any other remedies available to it hereunder, at law, or in equity, to immediately terminate this Agreement by providing Lessee written notice thereof, whereupon this Agreement and the leasehold created hereby shall immediately cease and terminate and be of no further force or effect. (B) Any failure by Lessee to send to Lessor a Rental Report required under Section 2 hereof shall constitute a default under this Agreement. In the event of any such default, the Lessor shall give Lessee written notice of such defauR The Lessee shall have thirty (30) days from the date of any such notice to cure such default. In the event of any failure to so cure, Lessor shall have the right, at its sole option, and in addition to any other remedies available to it hereunder, at law, or in equity, to immediately terminate this Agreement by providing Lessee written notice thereof, whereupon this Agreement and the leasehold created hereby shall immediately cease and terminate and be of no further force or effect. f1