Cessation of Commercial Production; Rent. If Commercial Production from the Premises no longer exists or is deemed to exist but the Mine is then processing minerals from adjoining or nearby properties, Tectonic shall notify Xxxxx in writing (a “Cessation Notice”) identifying the date of cessation of Commercial Production from the Premises and the portion of the Premises required for the continued operation of the Mine. From the date specified in the Cessation Notice, the portion of the Premises not identified in the Cessation Notice shall be deemed released by Tectonic, but Tectonic shall remain in possession of such portion of the Premises until it has completed reclamation and other closure actions under this Lease other than long-term environmental monitoring. At such time as Tectonic determines to permanently close the Mine, it shall provide another Cessation Notice to Xxxxx and proceed with final reclamation and closure activities with respect to the rest of the Premises, during which period it shall remain in possession of such portion of the Premises until it has completed reclamation and other closure actions under this Lease other than long-term environmental monitoring. During the period after giving its first Cessation Notice until completion of all reclamation and other closure actions for the entire Premises, Tectonic shall pay to Xxxxx, as rent for the Premises or such portions thereof as have not be returned completely to Xxxxx, a sum equal to $0.50 per acre of lands within the Premises per month. Said rent shall be paid in advance commencing on the first day of the first month occurring after the delivery of the Cessation Notice. Such rent is for continued access to the Premises and shall not be in lieu of, or serve to limit or delay, Tectonic’s obligations to remove its equipment and facilities and to reclaim and remediate the Premises as provided in this Lease.
