Default and Force Majeure. 8.1 If Lessee will be in default in performing any obligations (except the timely payment of royalties), Lessee shall lose no rights unless, within sixty (60) days following written notice from Lessor, given at the address herein specified, specifying such failure or breach, Lessee shall fail to make such payment or undertake to cure such default by commencement and follow through of appropriate performance, within a reasonable amount of time. Upon such failure, Lessor may terminate this Lease. 8.2 If Lessee shall be prevented or delayed from performing its obligations or performing any work which it desires to perform or is performing by reason of act of nature, strike or threat of strike, fire, flood, war, mob violence, court order, unavoidable casualties, or any other enumeration, beyond the control of Lessee which cannot be overcome by the means normally employed in performance and at comparable and reasonable expense, then the duration of this Lease shall be extended for a period equal to the period of Force Majeure and any failure to perform obligations shall not be deemed a breach of this Lease. Lessee agrees to use reasonable diligence to remove such causes of disability as may occur from time to time. This paragraph shall not excuse payment or delay payment of royalties.
Appears in 3 contracts
Sources: Mining Lease Agreement (Utah Clay Technology Inc), Mining Lease Agreement (Utah Clay Technology Inc), Mining Lease Agreement (Utah Clay Technology Inc)
Default and Force Majeure. 8.1 If Lessee will be in default in performing any obligations (except the timely payment of royaltiesroyalt(pound)es), Lessee shall lose no rights unless, within sixty (60) days following written notice from Lessor, given at the address herein specified, specifying such failure or breach, Lessee shall fail to make such payment or undertake to cure such default by commencement and follow through of appropriate performance, within a reasonable amount of time. Upon such failure, Lessor may terminate this Lease.
8.2 If Lessee shall be prevented or delayed from performing its obligations or performing any work which it desires to perform or is performing by reason of act of nature, strike or threat of strike, fire, flood, war, mob violence, court order, unavoidable casualties, or any other enumeration, beyond the control of Lessee which cannot be overcome by the means normally employed in performance and at comparable and reasonable expense, then the duration of this Lease shall be extended for a period equal to the period of Force Majeure and any failure to perform obligations shall not be deemed a breach of this Lease. Lessee agrees to use reasonable diligence to remove such causes of disability as may occur from time to time. This paragraph shall not excuse payment or delay payment of royalties.
Appears in 1 contract
Sources: Exploration for Mining and Mineral Development Lease (Utah Clay Technology Inc)