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5'd L£69 - 64L <br />3 <br />SVOM ssu1O min gain <br />is not received within five (5) days of the date it is due shall be subject to a five percent <br />(5 %) late payment charge. Additionally, if Lessee fails to timely pay any of the annual <br />AMR payments as required herein, and fails to cure that default within the five -day grace <br />period set forth above, or if Lessee is in default under any other provision of this <br />Agreement and fails to cure the default within thirty (30) days from the date of notice of <br />default from Lessor, then Lessee's obligation to pay all of the AMR payments that would <br />have been required to be paid under the Lease for the full Term of the Lease shall be <br />reinstated and Lessee shall once again be obligated to make all of the AMR payments <br />required under the Lease as if this Agreement had never been executed, and Lessee shall <br />continue making those payments annually to Lessor. Additionally, Lessor shall be <br />entitled to recover any damages it incurred as a result of the uncured default of Lessee. <br />The obligation to pay the Termination Fee shall not be effected by any exercise or <br />election not to exercise the Right of Re -entry or the Right of First Refusal as set forth <br />below. <br />4. Reclamation. Lessee shall remain obligated to reclaim the Property <br />pursuant to the requirements of Article 12 of the Lease, as modified by this Agreement <br />(the "Reclamation Plan "). Lessee agrees to commence reclamation in accordance with <br />the Reclamation Plan this calendar year, follow that Reclamation Plan when completing <br />its reclamation work, and diligently pursue reclamation to completion once cotnmenced. <br />Lessee shall not be required to, and shall not, reclaim the access road to and through the <br />Property, nor grade away the two ponds or the Iarge v- shaped swale, but Lessee will be <br />required to successfully re- vegetate those areas. As part of the reclamation, Lessee, at <br />Lessee's expense, shall reconnect the water pipe to the stock tank, dig up the phone line <br />where the office trailer was located and make it available for Lessor's use, and ensure that <br />all foreign material that was deposited on the site be removed from the pit. Additionally, <br />all existing fences shall remain in place. Lessee, per the requirements of the Lease, shall <br />fence off areas being re- vegetated as Lessor will be running cattle on the remaining <br />acreage. As soon as successful re- vegetation has occurred, Lessee shall apply for a <br />reduction in the amount of the reclamation bond. <br />5. Right of Re- entry. <br />A. Lessee may elect to re - enter the 'Lease at any time ( "Right of Re- <br />d90:Z4 6696cea <br />