Common use of Default and Force Majeure Clause in Contracts

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, Lessormay 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 AMENDMENT AGREEMENT ------------------- November 09, 1992 Page 13 of 20 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 tothe 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.