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1. Lease Termination. Lessor and Lessee agree that the Lease will terminate <br />as of close of business on February 1, 2012 (the "Termination Date "), and that Lessee and <br />anyone claiming by, through or under Lessee, will vacate the Property as of the <br />Termination Date, except that Lessee shall continue to have access to the Property for <br />purposes of completing its reclamation obligations as provided for in the Lease, as <br />modified by this Agreement. On and after the Termination Date, neither Lessee, nor <br />anyone claiming by, through or under Lessee, will have any further rights to occupy the <br />Property (other than for its reclamation. obligations), and, subject to the provisions of <br />Paragraph 3 below, will have no further responsibilities or obligations under the Lease, <br />including the obligation to pay future amounts of rent which would otherwise be due <br />under the Lease. Notwithstanding the foregoing, Lessee's covenants under Article 11 of <br />the Lease to indemnify Lessor for any Ioss, liability or expense which Lessor may incur <br />as a result of Lessee's use or occupancy of the Property through and including the <br />Termination Date and pursuant to Lessee's reclamation activities shall survive the <br />termination of the Lease, as shall any other provision of the Lease which indicates that it <br />shall survive the termination of the Lease. <br />2. Surrender. On or before the Termination Date, Lessee will remove all of <br />its personal property and movable equipment, provided, however, that Lessee will not be <br />required to remove any of its equipment while being utilized for reclamation activities on <br />the Property. Upon removal of its personal property and equipment, Lessee shall <br />surrender the Property to Lessor but will remain obligated to reclaim the Property as <br />required by the Lease, as modified by Paragraph 4 of this Agreement. <br />3. Lease Termination Payment. As consideration for the early termination of <br />the Term, and in fulfillment of Lessee's obligations under Article 4 of the Lease, Lessee <br />shall be required to pay Lessor (the "Termination Fee ") a total of five years of the <br />Advanced Minimum Royalty Payment ( "AMR "), with the amount of the AMR to be One <br />Hundred Thirty -Seven Thousand Three Hundred Fifty and 00/100 Dollars ($137,350.00), <br />with each of those five equal annual AMR payments being paid on the third day, but not <br />before the first day, of January, with the first payment being due on January 3, 2012, and <br />the four remaining payments being due on January 3, 2013, 2014, 2015, and 2016 (but <br />not before the first day of January in any of those years). Any annual AMR payment that <br />ti.d L£i»9-999-64L <br />2 <br />s 1'°M sse!9 BA!eS cl!n <br />d90:Z41.694= <br />