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Agreement and the leasehold created hereby shall immediately cease and terminate and be of no <br />• further force or effect. <br />(F) The Rental, Monthly Minimum Rental and Royalties due Lessor under this <br />Agreement shall be deemed additional rents reserved by Lessor under contract, and all remedies <br />now or hereafter given to landlords by the laws of the State of Colorado in order to secure the <br />above payments and for collection of such rents under contract shall exist in favor of Lessor in <br />addition to any rights and remedies specified herein. <br />(G) No remedy set forth in this Agreement is intended to be exclusive of any <br />other remedy, and every remedy shall be cumulative and in addition to every other remedy herein <br />or now existing or hereafter existing at law, in equity or by statute. No delay or failure to exercise <br />any right or power accruing upon default shall impair any such right or power or shall be <br />construed to be a waiver thereof, and any such right or power may be exercised from time to time <br />and as often as may be deemed expedient in Lessor's sole judgment <br />16. Reservations. Lessor reserves the right to use any road(s), now existing or <br />. constructed in the future, located on the New Elk Facility property which is necessary and/or <br />convenient to facilitate Lessor's operations or activities on adjoining property or property in the <br />vicinity. <br />17. No Waiver of Rights. Failure of either Lessor or Lessoe to exercise any of their <br />respective rights hereunder upon the defective pertormance or non-pertormance by the other <br />party of any covenant, agreement or requirement of this Agreement will not be construed as a <br />waiver of those rights. <br />18. Confidentiality. Lessor, Lessee and their directors, officers, employees, agents <br />and advisors shall hold and treat the terms and provisions of this Agreement as confidential and <br />shall refrain from divulging, discussing or disclosing, in whole or in part, to any other person or <br />entity the terms and provisions of this Agreement Provided, however, the parties shall have the <br />dght to provide copies of this Agreement to their respective lenders, attorneys, accountants and <br />consultants, all of which parties shall keep same confidential. <br />. 13 <br /> <br />