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008SS9 1. Term. The Agreement shall commence on December 28, 1998 (the date on which the previous agreement between the parties dated October 20, 1993, shall expire) and shall continue until December 7, 2001, unless sooner terminated in accordance with the provisions of this Agreement. In the event that J & H breaches the terms of the agreement between the parties dated October 20, 1993, or the conditions of CUP 1102, prior to the commencement of this Agreement, this Agreement will terminate and be null and void. 2. Termination. This Agreement may be terminated upon written notice: (a) By either party if CUP 1478 is revoked for any reason; or (b) By either party if J & H has completed mineral removal operations on the Property; or (c) By Blooming Grove if a default occurs. A default is defined as J & H's breach of or failure to comply with the terms and conditions of this Agreement. In the event J & H defaults on any of the terms and conditions of this Agreement and fails to cure such default within thirty (30) days after written notice from Blooming Grove to J & H specifying such default, Blooming Grove may terminate this Agreement, commence proceedings to revoke the zoning changes and CUP 1478, and pursue all remedies available at law or equity. If any default by J & H(except for nonpayment of any payments due to Blooming Grove under this Agreement) cannot reasonably be cured within the appropriate 30-day period, then J & H shall have such additional time as is reasonably required to cure such default provided that J & H has commenced to cure such default within the appropriate 30- day period and is diligently proceeding to cure such default. 3. Payments. (a) J & H agrees to pay Blooming Grove 200 per cubic yard for all clay removed from the Property during the term of the Agreement. Such payments shall be made within 30 days after the clay is removed from the Property. With each payment, J & H shall provide Blooming Grove with a certified statement, identifying the number of cubic yards of clay removed from the Property and the amount due Blooming Grove. (b) J & H shall keep accurate records in sufficient detail to permit Blooming Grove to determine the amounts payable to Blooming Grove. At Blooming Grove's request, J & H shall permit Blooming Grove, or its agents, to have reasonable access to audit all records necessary to determine the correctness H 1WIP195 3 1 13 41AG.CBH 0310981719 2 T f.