Common use of Termination and Surrender Clause in Contracts

Termination and Surrender. (a) If Navigator fails to comply with any of the provisions of this Agreement, including paragraph 7, entitled "Royalty", and if Navigator does not initiate and diligently pursue steps to correct the default within thirty (30) days after notice has been given to it by Owner specifying with particularity the nature of the default, then upon the expiration of the thirty-day period, all rights of Navigator under this Agreement (except as provided in paragraphs 24 and 25, entitled "Removal of Property" and "Access") shall terminate, and all liabilities and obligations of Navigator (except liabilities existing of the date of termination, except as provided in paragraph 21, entitled "Royalty" then due or, in the case of production royalties, then accrued) shall terminate. Any default claimed with respect to the payment of money may be cured by the deposit in escrow of the amount in controversy (not including claimed consequential, special, exemplary, or punitive damages) and giving of notice of the deposit to Owner, the amount to remain in escrow until the controversy is resolved by decision of a court or otherwise. If Navigator by notice to Owner disputes the existence of a default, then this Agreement shall not terminate unless Navigator does not initiate and diligently pursue steps to correct the default within thirty (30) days after the existence of a default has been determined by decision of a court or otherwise. (b) Subject to the right of Owner to terminate this Agreement as provided in the foregoing subparagraph (a), controversy between the parties hereto shall not interrupt performance of this Agreement or the continuation of operations hereunder. In the event of any controversy, Navigator may continue operations hereunder and shall make the payments provided for herein notwithstanding the existence of the controversy. Upon the resolution of the controversy, such payments or restitutions shall be made as required by the terms of the decision of the court or arbitrators, or otherwise. Navigator may at any time terminate this Agreement as to all or any part of the Property by delivering to Owner or by filing of record in the appropriate office (with a copy to Owner) a good and sufficient Surrender of this Agreement or a Partial Surrender describing that portion of the Property as to which this Agreement is surrendered. Upon mailing the Surrender or Partial Surrender to Owner or to the appropriate office, all rights of Navigator under this Agreement with respect to the portion of the Property as to which this Agreement is terminated (except as provided in paragraphs 24 and 25, entitled "Removal of Property" and "Access") shall terminate and all liabilities and obligations of Navigator with respect to the portion of the Property as to which this Agreement is terminated (except liabilities existing of the date of termination, except as provided in paragraph 21, entitled "Data", and except liability for payments under paragraph 7, entitled "Royalty" then due or, in the case of production royalties, then accrued) shall terminate. Notwithstanding the provisions of this paragraph, Navigator must retain a minimum of 320 acres of the Property subject to this Agreement in order to maintain this Agreement in effect.

Termination and Surrender. (a) If Navigator fails to comply with any As of the provisions Termination Date, Tenant hereby surrenders the Premises to Landlord and does hereby give, grant and surrender unto Landlord all of this AgreementTenant's right, including paragraph 7title and interest in and to the Premises, entitled "Royalty"including, without limitation, all of Tenant's right, title and interest in, to and under the Lease, and if Navigator does not initiate and diligently pursue steps to correct the default within thirty (30) days after notice has been given to it by Owner specifying with particularity the nature Landlord hereby accepts such surrender. Except as otherwise expressly provided herein, each of the default, then upon the expiration parties hereto acknowledges performance of all obligations of the thirty-day periodother party under the Lease or otherwise in connection with the Premises through and including the Termination Date. The Lease is hereby agreed to be null and void and of no further force and effect as of the Termination Date. In addition, any and all rights of Navigator under this Agreement (except as provided in paragraphs 24 and 25, entitled "Removal of Property" and "Access") shall terminate, and all liabilities and obligations of Navigator (except liabilities existing the parties that may have arisen in connection with the Premises shall be deemed to have expired and terminated as of the date of terminationTermination Date, except as provided in paragraph 21that nothing herein shall waive any rights of indemnification owed by Tenant to Landlord under the Lease, entitled "Royalty" then due or, in the case each of production royalties, then accrued) which shall terminate. Any default claimed with respect be preserved to the payment full extent of money may applicable insurance coverage; provided, however, that Landlord’s recourse for any indemnification arising under the Lease shall be cured by the deposit strictly limited to applicable insurance proceeds and coverage benefits and in escrow of the amount in controversy (not including claimed consequential, special, exemplary, no event shall Landlord have recourse against Tenant or punitive damages) and giving of notice of the deposit to Owner, the amount to remain in escrow until the controversy is resolved by decision of a court or otherwise. If Navigator by notice to Owner disputes the existence of a default, then this Agreement shall not terminate unless Navigator does not initiate and diligently pursue steps to correct the default within thirty (30) days after the existence of a default has been determined by decision of a court or otherwiseits estate. (b) Subject As of the Termination Date, except as to the right obligations of Owner Tenant and Landlord expressly set forth in this Agreement, Tenant and Landlord hereby mutually and forever release each other and their respective successors and assigns of and from any and all claims, damages, obligations, liabilities, actions and causes of action of every kind and nature whatsoever that may arise under or in connection with the Lease before, on or after the Termination Date, including, without limitation, any claims under section 502(b)(6) of the Bankruptcy Code. Such release shall and hereby does extend to terminate all claims, demands, damages, liabilities, obligations or actions, either in law or in equity, of any kind or nature whatsoever, whether known or unknown, direct or indirect, matured or hereafter existing, including claims asserted in Tenant’s bankruptcy, arising out of or relating to the Lease, the Premises or Tenant’s occupancy of the Premises, or Tenant’s initiation of its bankruptcy proceeding. Landlord and Tenant further hereby acknowledge that they may hereafter discover facts different from or in addition to those it knows or believes to be true with respect to claims that are subject of this Agreement as provided in the foregoing subparagraph (a), controversy between release and the parties hereto shall not interrupt performance of this Agreement or each hereby agree that the continuation of operations hereunder. In the event of any controversy, Navigator may continue operations hereunder and shall make the payments provided for herein notwithstanding the existence of the controversy. Upon the resolution of the controversy, such payments or restitutions release shall be made as required by and remain effective in all respects, regardless of such additional or different facts. (c) To the terms extent Landlord has filed or files any proof of the decision of the court or arbitrators, or otherwise. Navigator may at any time terminate this Agreement as to all or any part of the Property by delivering to Owner or by filing of record in the appropriate office (with a copy to Owner) a good and sufficient Surrender of this Agreement or a Partial Surrender describing that portion of the Property as to which this Agreement is surrendered. Upon mailing the Surrender or Partial Surrender to Owner or to the appropriate office, all rights of Navigator under this Agreement claims with respect to the portion of Lease or the Property as to which this Agreement is terminated (except as provided in paragraphs 24 and 25Premises, entitled "Removal of Property" and "Access") shall terminate and all liabilities and obligations of Navigator with respect Landlord consents to the portion expungement of the Property as to which this Agreement is terminated (except liabilities existing of the date of terminationsuch claims, except as provided in paragraph 21, entitled "Data"with prejudice, and except liability for payments under paragraph 7, entitled "Royalty" then due or, hereby affirmatively acknowledges that Landlord shall have no claim against Tenant or its estate in the case of production royalties, then accrued) shall terminate. Notwithstanding the provisions of this paragraph, Navigator must retain a minimum of 320 acres of the Property subject to this Agreement in order to maintain this Agreement in effectTenant’s pending bankruptcy proceeding or otherwise.

Termination and Surrender. (a) If Navigator Buyer fails to comply with any of the provisions of this Agreement, including paragraph 7, entitled "Royalty", Agreement and if Navigator Buyer does not initiate and diligently pursue steps to correct the such default within thirty (30) days after notice has been given to it by Owner specifying with particularity Seller(s) detailing the nature of the such default, then upon the expiration of the thirty-thirty day period, period all rights of Navigator Buyer under this Agreement (except as provided in paragraphs 24 and 25, entitled "Removal of Property" and "Access"paragraph 16) shall terminate, and all liabilities and obligations of Navigator Buyer (except liabilities liability existing of on the date of termination, termination and (except as provided in paragraph 21, entitled "Royalty" then due or, in the case of production royalties, then accruedparagraphs 13 and 17) shall terminate. Any default claimed with respect to the payment of money may be cured by the deposit in escrow of the amount in controversy (not including claimed consequential, special, consequences special exemplary, or punitive damages) and the giving of notice of the deposit to Owner, Owners the amount to remain in escrow until the controversy is resolved by decision of a court or arbitration, or otherwise. If Navigator Buyer by notice to Owner Seller(s) disputes the existence of a default, then this Agreement shall not terminate hereunder unless Navigator Buyer does not initiate and diligently pursue steps to correct the default within thirty (30) days after the existence of a default has been determined by decision of a court or arbitration or otherwise. (b) ; Subject to the right of Owner Seller(s) to terminate this Agreement as provided in the foregoing subparagraph (a), controversy between the parties hereto shall not interrupt performance of this Agreement or the continuation of operations hereunder. In the event of any controversy, Navigator Buyer may continue operations operating hereunder and shall make the payments provided for herein notwithstanding not withstanding the existence of the such controversy. Upon the resolution of the controversy, such payments or restitutions restitution shall be made as required by the terms of the decision of the a court or arbitrators, arbitration or otherwise. Navigator Buyer may at any time terminate this Agreement as to all or any part of the Property by delivering to Owner Seller(s) or by filing of for record in the appropriate office (office, with a copy to Owner) Seller(s), a good and sufficient Surrender of this Agreement or a Partial Surrender describing that portion of the Property as to which this Agreement is surrenderedAgreement. Upon mailing the Surrender or Partial Surrender to Owner to, or to the appropriate office, all rights of Navigator Buyer under this Agreement with respect to the portion of the Property as to which this Agreement is terminated (except as provided in paragraphs 24 and 25, entitled "Removal of Property" and "Access"paragraph 16) shall terminate and all liabilities and obligations obligation of Navigator Buyer with respect to the portion of the Property as to which this Agreement is terminated (except liabilities existing of the date of termination, termination and except as provided in paragraph 21, entitled "Data", the paragraphs 13 and except liability for payments under paragraph 7, entitled "Royalty" then due or, in the case of production royalties, then accrued17) shall terminate. Notwithstanding the provisions foregoing, either (a) the appointment of a receiver to take possession of all or substantially all of the assets of Buyer, or (b) a general assignment by Buyer for the benefit of creditors, or (c) any action taken or suffered by Buyer under any insolvency or bankruptcy act shall constitute a breach of this paragraphAgreement by Buyer, Navigator must retain a minimum and shall, at the option of 320 acres of the Property subject to Seller(s), terminate this Agreement in order to maintain this Agreement in effectAgreement.

Termination and Surrender. (a) If Navigator fails to comply with This Agreement: (i) shall terminate automatically upon termination of any of the provisions Lease and Option Agreements (other than upon termination of one or more Lease and Option Agreements on or prior to the First Lease Payment Date at the election of YCKM on account of the discovery of Defective Claims), (ii) may be terminated by written notice of the non-defaulting party in the event that the other party is in default pursuant to Section 8.1 hereof, (iii) may be terminated by mutual agreement of the parties, and (iv) shall terminate automatically on the Option Closing Date in the event of YCKM’s exercise of the Option. (b) Upon termination of this Agreement, including paragraph 7by default or otherwise, entitled "Royalty"all rights, liabilities, and if Navigator does not initiate and diligently pursue steps to correct the default within thirty (30) days after notice has been given to it by Owner specifying with particularity the nature obligations of the default, then upon the expiration of the thirty-day period, all rights of Navigator YCKM under this Agreement (shall terminate except as expressly provided in paragraphs 24 and 25herein. For the avoidance of doubt, entitled "Removal termination of Property" and "Access") shall terminate, and all liabilities and obligations of Navigator (except liabilities existing of the date of termination, except as provided in paragraph 21, entitled "Royalty" then due or, in the case of production royalties, then accrued) shall terminate. Any default claimed with respect to the payment of money may be cured by the deposit in escrow of the amount in controversy (not including claimed consequential, special, exemplary, or punitive damages) and giving of notice of the deposit to Owner, the amount to remain in escrow until the controversy is resolved by decision of a court or otherwise. If Navigator by notice to Owner disputes the existence of a default, then this Agreement shall not terminate unless Navigator does not initiate the obligations of YCKM under the royalties reserved by the Claimholders pursuant to the Lease and diligently pursue steps Option Agreements and the Royalty granted by the Claimholders to correct the default within thirty (30) days after the existence of a default has been determined ANF and acknowledged by decision of a court or otherwiseYCKM in Section 3.5 hereof. (bc) Subject to the right of Owner to terminate this Agreement as provided in the foregoing subparagraph (a), controversy between the parties hereto shall not interrupt performance of this Agreement or the continuation of operations hereunder. In the event of any controversy, Navigator may the parties may, by mutual agreement, continue operations hereunder under this Agreement and YCKM shall make the payments provided for herein in this Agreement notwithstanding the existence of the controversy. Upon the resolution of the controversy, such payments or restitutions shall be made as required by the terms of the decision of the court or arbitrators, or otherwise. Navigator may at any time terminate this Agreement as to all or any part of the Property by delivering to Owner or by filing of record in the appropriate office . (with a copy to Ownerd) a good and sufficient Surrender Upon termination of this Agreement or a Partial Surrender describing that portion prior to exercise of the Property as to which this Agreement is surrendered. Upon mailing Option, the Surrender or Partial Surrender to Owner or to the appropriate office, all rights of Navigator under this Agreement with respect to the portion of the Property as to which this Agreement is terminated (except as provided in paragraphs 24 and 25, entitled "Removal of Property" and "Access") Escrow Instructions shall terminate and all liabilities and obligations of Navigator with respect the Mining Deeds shall be returned to the portion of the Property as to which this Agreement is terminated (except liabilities existing of the date of termination, except as provided in paragraph 21, entitled "Data", and except liability for payments under paragraph 7, entitled "Royalty" then due or, in the case of production royalties, then accrued) shall terminate. Notwithstanding the provisions of this paragraph, Navigator must retain a minimum of 320 acres of the Property subject to this Agreement in order to maintain this Agreement in effectClaimholders.

Termination and Surrender. Tenant shall, upon the expiration or sooner termination of the Term hereof: (ai) If Navigator peaceably and quietly leave, surrender and yield up to the Landlord the Premises, free of subtenancies, broom clean and in the same good order and condition as when received except for reasonable wear and tear, fire or other casualty, (ii) surrender any keys, electronic ID cards, and other access devices to Landlord at the place then fixed for the payment of rent, (iii) deliver the Premises to Landlord free of any and all Hazardous Materials present on the Premises in violation of Tenant's covenants or obligations under Section 6.9 so that the condition of the Premises conforms with all applicable Environmental Regulations, (iv) at its expense, remove from the Premises all movable trade fixtures, furniture, equipment and other personal property (collectively, "Tenant's Property") as well as any alterations or improvements which Tenant is required to remove pursuant to the terms of this Lease, (v) at its expense, remove from the Premises any alterations or improvements which Landlord designates for removal in accordance with Landlord's rights to so designate pursuant to the terms of this Lease (including but not limited to the terms of Sections 6.3, 15.25 and 15.26), and (vi) at its expense, promptly repair any damage caused by such removal. Any of Tenant's Property which are not so removed may, at the Landlord's election and without limiting Landlord's right to compel removal thereof, shall be stored by Landlord at Tenant's expense, for not less than thirty (30) days, and thereafter shall be deemed abandoned and may be retained by Landlord as its property or be disposed of at Tenant's sole cost and expense, without accountability, in such manner as Landlord may see fit. In the event the Tenant fails to comply with any of the provisions of this AgreementSection 6.11: (i) Tenant shall, including paragraph 7at the option of the Landlord, entitled "Royalty"be deemed to occupy the Premises after the expiration or earlier termination of the Term or any renewal thereof, and if Navigator does be subject to the holdover provisions of this Lease, and (ii) Tenant shall indemnify and hold Landlord harmless from and against any costs incurred by Landlord in connection with Tenant's failure to comply with such provisions (including but not initiate limited to the cost of performing Tenant's obligations hereunder). All installments, alterations, additions, betterments and diligently pursue steps improvements to correct the default within thirty Premises made by Tenant, including, without limitation, all wiring, paneling, partitions, floor coverings, lighting fixtures, and the like (30) days after notice has been given to it by Owner specifying other than Tenant's Property), shall become the property of Landlord when installed and shall remain upon and be surrendered with particularity the nature Leased Premises as a part thereof at the expiration or sooner termination of the defaultTerm, then upon except that: (1) subject to the expiration terms of Section 6.3, Landlord shall have the thirty-day periodright, all rights by notice to Tenant (which notice shall be provided to Tenant at the time of Navigator Landlord's approval of any alteration or improvements as required under this Agreement the terms hereof, provided that Tenant timely and properly obtains such consent), to require Tenant, at its expense, to remove any alterations, additions and improvements (except as provided in paragraphs 24 and 25, entitled "Removal of Property" and "Access") shall terminate, and all liabilities and obligations of Navigator (except liabilities existing of other than the date of terminationImprovements, except as provided in paragraph 21, entitled "Royalty" then due or, Section 6.3) in the case of production royaltiesPremises, then accruedand to repair any damage caused by such removal, and (2) Tenant shall terminate. Any default claimed comply with its obligations set forth in Exhibit C hereto with respect to the payment of money may be cured by the deposit in escrow of the amount in controversy (not including claimed consequential, special, exemplary, or punitive damages) and giving of notice of the deposit to Owner, the amount to remain in escrow until the controversy is resolved by decision of a court or otherwise. If Navigator by notice to Owner disputes the existence of a default, then this Agreement shall not terminate unless Navigator does not initiate and diligently pursue steps to correct the default within thirty (30) days after the existence of a default has been determined by decision of a court or otherwise. (b) Subject to the right of Owner to terminate this Agreement as provided in the foregoing subparagraph (a), controversy between the parties hereto shall not interrupt performance of this Agreement or the continuation of operations hereunder. In the event removal of any controversy, Navigator may continue operations hereunder and shall make the payments provided for herein notwithstanding the existence of the controversyinternal staircases. Upon the resolution of the controversy, such payments or restitutions shall be made as required by the terms of the decision of the court or arbitrators, or otherwise. Navigator may at any time terminate this Agreement as to all or any part of the Property by delivering to Owner or by filing of record in the appropriate office (with a copy to Owner) a good and sufficient Surrender of this Agreement or a Partial Surrender describing that portion of the Property as to which this Agreement is surrendered. Upon mailing the Surrender or Partial Surrender to Owner or to the appropriate office, all rights of Navigator under this Agreement with respect to the portion of the Property as to which this Agreement is terminated (except as provided in paragraphs 24 and 25, entitled "Removal of Property" and "Access") shall terminate and all liabilities and obligations of Navigator with respect to the portion of the Property as to which this Agreement is terminated (except liabilities existing of the date of termination, except as provided in paragraph 21, entitled "Data", and except liability for payments under paragraph 7, entitled "Royalty" then due or, in the case of production royalties, then accrued) shall terminate. Notwithstanding the The provisions of this paragraph, Navigator must retain a minimum Section 6.11 shall survive any expiration or termination of 320 acres of the Property subject to this Agreement in order to maintain this Agreement in effectLease.

Termination and Surrender. (a) If Navigator fails Failure to make any payment as set out in paragraph 4(a) and /or any required or optional payment as set out in paragraph 4(c) within thirty (30) days following notice to LESSEE that LESSEE is in default in making such payment shall result in the termination of this lease. (b) if LESSEE shall fail to comply with any of the provisions of this Agreement, including paragraph 7, entitled "Royalty"agreement other than the failure to make a payment when due as provided in Article 4 as set out above, and if Navigator does not initiate and diligently pursue steps to correct the default if, within a period of thirty (30) days after notice of default has been given to it by Owner specifying with particularity the nature of the OWNER, LESSEE does not commence to take such steps as are reasonably necessary to remedy such default and does not thereafter diligently continue to endeavor to remedy such default, then upon . Upon the expiration of the thirty-said thirty (30) day period, or if LESSEE fails to continue to remedy the default as herein before provided, all rights of Navigator LESSEE under this Agreement (agreement, except as provided in paragraphs 24 and 25Article 12, entitled "Removal of Property" and "Access") shall terminate, and all payments theretofore made under this agreement shall be retained by OWNER as full compensation and rental for the use and occupancy of the properties and as the consideration for which this lease is given, and all liabilities and obligations of Navigator LESSEE to OWNER of any kind, character or description, including any liability for payments under Article 5 then not due, shall cease and terminate, except for those obligations and liabilities, including without limitation, any reclamation obligations of LESSEE incurred prior to termination. (except liabilities existing c) LESSEE shall have the right at any time while this lease is in force, to terminate and surrender the same by no less than thirty (30) days written notice to OWNER. Upon delivery of the date such notice to OWNER, all rights of terminationLESSEE under this lease, except as provided in paragraph 21Article 12, entitled "Royalty" then due or, in shall terminate and all payments theretofore made to OWNER under this lease shall be retained by OWNER as full compensation and rental for the case of production royalties, then accrued) shall terminate. Any default claimed with respect to the payment of money may be cured by the deposit in escrow use and occupancy of the amount in controversy (not including claimed consequential, special, exemplary, or punitive damages) properties and giving of notice of as the deposit to Owner, the amount to remain in escrow until the controversy is resolved by decision of a court or otherwise. If Navigator by notice to Owner disputes the existence of a default, then this Agreement shall not terminate unless Navigator does not initiate and diligently pursue steps to correct the default within thirty (30) days after the existence of a default has been determined by decision of a court or otherwise. (b) Subject to the right of Owner to terminate this Agreement as provided in the foregoing subparagraph (a), controversy between the parties hereto shall not interrupt performance of this Agreement or the continuation of operations hereunder. In the event of any controversy, Navigator may continue operations hereunder and shall make the payments provided consideration for herein notwithstanding the existence of the controversy. Upon the resolution of the controversy, such payments or restitutions shall be made as required by the terms of the decision of the court or arbitrators, or otherwise. Navigator may at any time terminate this Agreement as to all or any part of the Property by delivering to Owner or by filing of record in the appropriate office (with a copy to Owner) a good and sufficient Surrender of this Agreement or a Partial Surrender describing that portion of the Property as to which this Agreement lease is surrendered. Upon mailing the Surrender or Partial Surrender to Owner or to the appropriate officegiven, all rights of Navigator under this Agreement with respect to the portion of the Property as to which this Agreement is terminated (except as provided in paragraphs 24 and 25, entitled "Removal of Property" and "Access") shall terminate and all liabilities and obligations of Navigator with respect LESSEE to OWNER of any kind, character or description shall terminate, except for those obligations and liabilities including any reclamation obligations of LESSEE incurred prior to termination. (d) In addition to its right to terminate and surrender this lease as a whole pursuant to paragraph 11(c), LESSEE shall have the portion right at any time and from time to time while this lease is in force, to surrender, by Quitclaim Deed and written notice to OWNER, any mining claim included among the properties and thereafter the mining claim or claims so quitclaimed shall no longer be part of the Property as to which properties. (e) Upon surrender or termination of this Agreement is terminated (except liabilities existing lease or any part of the date properties, LESSEE shall promptly furnish OWNER with a complete copy of terminationthe records and factual information obtained as a result of work done by LESSEE on the surrendered properties including, except as provided but not limited to, logs of all holes drilled thereon, ore values encountered, if any, analysis thereof and pertinent maps and surveys prepared by LESSEE in paragraph 21, entitled "Data"the course of such work, and except liability for payments under paragraph 7production records, entitled "Royalty" then due or, in provided that this obligation will not extend to interpretive data prepared by the case of production royalties, then accrued) shall terminate. Notwithstanding the provisions of this paragraph, Navigator must retain a minimum of 320 acres of the Property subject to this Agreement in order to maintain this Agreement in effectLESSEE.

Termination and Surrender. (a) If Navigator HuntMountain fails to comply with any of the provisions of this Agreement, including the paragraph 7, entitled "“Royalty"”, and if Navigator HuntMountain does not initiate and diligently pursue steps to correct the default within thirty (30) days after notice has been given to it by Owner specifying with particularity the nature of the default, then upon the expiration of the thirty-thirty (30) day period, all rights rights, liabilities, and obligations of Navigator HuntMountain under this Agreement shall terminate, except that (except as i) HuntMountain shall have the rights provided in the paragraphs 24 and 25, entitled "“Removal of Property" ” and "“Access") shall terminate”, and all liabilities and obligations of Navigator (except ii) HuntMountain shall have those liabilities existing of on the date of termination, except as the obligations provided in the paragraph 21entitled “Data”, and liability for payments under the paragraph entitled "“Royalty" ” then due or, in the case of production royalties, then accrued) shall terminate. Any default claimed with respect to the payment of money may be cured by the deposit in escrow of the amount in controversy (not including interest or claimed consequential, special, exemplary, or punitive damages) and giving of notice of the deposit to Owner, the amount to remain in escrow until the controversy is resolved by decision of a court or arbitrators, or otherwise. If Navigator HuntMountain by notice to Owner disputes the existence of a default, then this Agreement shall not terminate unless Navigator HuntMountain does not initiate and diligently pursue steps to correct the default within thirty (30) days after the existence of a default has been determined by decision of a court or otherwise. (b) Subject to the right of Owner to terminate this Agreement as provided in the foregoing subparagraph (a), controversy between the parties hereto shall not interrupt performance of this Agreement or the continuation of operations hereunder. In the event of any controversy, Navigator may continue operations hereunder and shall make the payments provided for herein notwithstanding the existence of the controversy. Upon the resolution of the controversy, such payments or restitutions shall be made as required by the terms of the decision of the court or arbitrators, or otherwise. Navigator may at any time terminate this Agreement as to all or any part of the Property by delivering to Owner or by filing of record in the appropriate office (with a copy to Owner) a good and sufficient Surrender of this Agreement or a Partial Surrender describing that portion of the Property as to which this Agreement is surrendered. Upon mailing the Surrender or Partial Surrender to Owner or to the appropriate office, all rights of Navigator under this Agreement with respect to the portion of the Property as to which this Agreement is terminated (except as provided in paragraphs 24 and 25, entitled "Removal of Property" and "Access") shall terminate and all liabilities and obligations of Navigator with respect to the portion of the Property as to which this Agreement is terminated (except liabilities existing of the date of termination, except as provided in paragraph 21, entitled "Data", and except liability for payments under paragraph 7, entitled "Royalty" then due or, in the case of production royalties, then accrued) shall terminate. Notwithstanding the provisions of this paragraph, Navigator must retain a minimum of 320 acres of the Property subject to this Agreement in order to maintain this Agreement in effect.

Termination and Surrender. (a) If Navigator fails (i) any Event of Default described in Section 24.01(d), (e), (f) or (g) hereof shall occur, or (ii) any Event of Default described in Section 24.01 (a), (b), (c), (h), (i), (j), (k), or (l) shall occur and Landlord, at any time thereafter, at its option, gives notice to comply with any of Tenant stating that this Lease and the provisions of this AgreementTerm shall expire and terminate on the date specified in such notice, including paragraph 7, entitled "Royalty", and if Navigator does which date shall be not initiate and diligently pursue steps to correct the default within thirty less than ten (3010) days after the giving of such notice, and if, on the date specified in such notice, Tenant shall have failed to cure the Default which was the basis for the Event of Default, then this Lease and the Term and all rights of Tenant under this Lease shall expire and terminate as if the date on which the Event of Default described in clause (i) above occurred or the date specified in the notice given pursuant to clause (ii) above, as the case may be, were the date herein definitely fixed for the expiration of the Term and Tenant immediately shall quit and surrender the Premises; provided, however, that if Landlord shall properly have given Tenant three or more notices stating that this Lease shall expire and terminate and Tenant shall have cured the Defaults that gave rise to those notices, then for a period of three years from the date of the last notice given, Tenant shall not have a right to cure a Default of substantially the same nature as the prior three Defaults, after notice of such Default has been given delivered, it being understood that the foregoing provisions are not intended to it impair the Mortgagee cure rights set forth in Section 10.10(a) hereof. Anything contained herein to the contrary notwithstanding, if such termination shall be stayed by Owner specifying with particularity order of any court having jurisdiction over any proceeding described in Section 24.01(f) or (g) hereof, or by federal or state statute, then, following the nature expiration of any such stay, or if the trustee appointed in any such proceeding, Tenant or Tenant as debtor-in-possession shall fail to assume Tenant’s obligations under this Lease within the period prescribed therefor by law or within one hundred twenty (120) days after entry of the defaultorder for relief or as may be allowed by the court, then or if said trustee, Tenant or Tenant as debtor-in-possession shall fail to provide adequate protection of Landlord’s right, title and interest in and to the Premises or adequate assurance of the complete and continuous future performance of Tenant’s obligations under this Lease as provided in Section 24.15 hereof, Landlord, to the extent permitted by law or by leave of the court having jurisdiction over such proceeding, shall have the right, at its election, to terminate this Lease on ten (10) days’ notice to Tenant, Tenant as debtor-in-possession or said trustee and upon the expiration of said ten (10) day period this Lease shall cease and expire as aforesaid and Tenant, Tenant as debtor-in-possession and/or trustee shall immediately quit and surrender the thirty-day period, all rights of Navigator under this Agreement (except Premises as provided in paragraphs 24 and 25, entitled "Removal of Property" and "Access") shall terminate, and all liabilities and obligations of Navigator (except liabilities existing of the date of termination, except as provided in paragraph 21, entitled "Royalty" then due or, in the case of production royalties, then accrued) shall terminate. Any default claimed with respect to the payment of money may be cured by the deposit in escrow of the amount in controversy (not including claimed consequential, special, exemplary, or punitive damages) and giving of notice of the deposit to Owner, the amount to remain in escrow until the controversy is resolved by decision of a court or otherwise. If Navigator by notice to Owner disputes the existence of a default, then this Agreement shall not terminate unless Navigator does not initiate and diligently pursue steps to correct the default within thirty (30) days after the existence of a default has been determined by decision of a court or otherwiseaforesaid. (b) Subject to the right of Owner to terminate If this Agreement Lease shall be terminated as provided in the foregoing subparagraph (aSection 24.03(a), controversy between Landlord, without notice, may re-enter and repossess the parties hereto shall not interrupt performance of this Agreement Premises using such force for that purpose as may be necessary without being liable to indictment, prosecution or the continuation of operations hereunder. In the event of any controversy, Navigator damages therefor and may continue operations hereunder and shall make the payments provided for herein notwithstanding the existence of the controversy. Upon the resolution of the controversy, such payments or restitutions shall be made as required dispossess Tenant by the terms of the decision of the court or arbitrators, summary proceedings or otherwise. Navigator may at any time terminate this Agreement as to all or any part of the Property by delivering to Owner or by filing of record in the appropriate office (with a copy to Owner) a good and sufficient Surrender of this Agreement or a Partial Surrender describing that portion of the Property as to which this Agreement is surrendered. Upon mailing the Surrender or Partial Surrender to Owner or to the appropriate office, all rights of Navigator under this Agreement with respect to the portion of the Property as to which this Agreement is terminated (except as provided in paragraphs 24 and 25, entitled "Removal of Property" and "Access") shall terminate and all liabilities and obligations of Navigator with respect to the portion of the Property as to which this Agreement is terminated (except liabilities existing of the date of termination, except as provided in paragraph 21, entitled "Data", and except liability for payments under paragraph 7, entitled "Royalty" then due or, in the case of production royalties, then accrued) shall terminate. Notwithstanding the provisions of this paragraph, Navigator must retain a minimum of 320 acres of the Property subject to this Agreement in order to maintain this Agreement in effect.