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8.3 Remedies The rights and remedies of Lessor and Lessee as set forth in this <br />Agreement shall not be exclusive, but shall be taken and construed as cumulative and in addition <br />to any and all other rights and remedies accorded to Lessor or Lessee at law or equity. <br />8.4 Condition of the Facili ty . Upon the termination, cancellation or expiration of this <br />Agreement, for any reason Lessee shall remove all of the personal property, machinery, <br />equipment, and improvements placed by Lessees in, under, or upon the Jansen Facility and to <br />otherwise return the Jansen Facility to its pre-lease condition and in material compliance with all <br />applicable federal, state and local laws, regulations and ordinances. <br />ARTICLE 9 <br />FORCE MUEURE <br />9.1 Force Majeure In the event that any unforeseeable cause beyond the control of <br />and not resulting from the fault or negligence of the party affected thereby, such as Acts of God, <br />acts of the public enemy, insurrections, riots, labor disputes, strikes, lockouts, fires, explosions, <br />floods or unusual climatic conditions, interruptions of transportation, embargoes, orders of acts <br />of any duly authorized civil, governmental or military authority or any other cause of a like or <br />similar nature (herein referred to as "force majeure") wholly or partly prevents a party from <br />performing its obligations and responsibilities hereunder (other than obligations of either party to <br />pay or expend money for or in connection with the performance of this Agreement), then if the <br />party affected by such force majeure gives to the other party written notice of the extent and <br />• probable duration of such force majeure, the obligations and responsibilities of the party giving <br />such notice shall be suspended to the extent made necessary by such force majeure and during its <br />continuation, provided that the cause of such force majeure is eliminated insofar as possible with <br />all reasonable dispatch. In the event any force majeure extends beyond six (6) months in any <br />calendar year, then either party may terminate this Agreement by providing written notice of <br />such termination to the other party and referencing this Section 9.1. This section shall not apply <br />to Lessee's obligations under Articles 3.1, 3.2(c) and 8.4, which shall survive any termination. <br />ARTICLE 10 <br />CONDEMNATION <br />10.1 Condemnation In the event a substantial portion of the Jansen Facility is <br />condemned and is determined by Lessee to frustrate the purpose of this Agreement such that <br />Lessee is unable to operate as provided in this Agreement, then Lessee shall have the right to <br />terminate this Agreement. If Lessee elects to not terminate this Agreement, Lessor and Lessee <br />agree to negotiate an equitable prorated adjustment to the Quarterly Minimum Payment, <br />Shipment Royalty and Jansen Facility Rental. If the parties hereto are unable to reach a mutual <br />agreeable resolution concerning an equitable prorated rent adjustment, the parties agree to submit <br />the matter to arbitration as provided in Section 12.1 of this Agreement. <br />12 <br />• <br />