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Agreement No. 800617 <br /> facilities of like character upon, over or under the surface of the Premises, and (b) construct, <br /> operate, maintain, review and relocate such additional facilities of the same character in a <br /> manner that does not unreasonably interfere with Lessee's use of the Premises. <br /> 22. Mineral Rights. <br /> Agency also reserves for itself and those to whom it grants such right the title and <br /> exclusive right to all of the minerals and mineral ores of every kind and character now known to- <br /> exist or hereafter discovered upon, within or underlying the Premises, or that may be produced <br /> therefrom, including, without limiting the generality of the foregoing, all petroleum, oil, natural <br /> gas and other hydrocarbon substances and products derived therefrom, together with the <br /> exclusive and perpetual right thereto, without, however, the right to use or penetrate the surface <br /> of, or to enter upon the Premises within 500 feet of the surface thereof to extricate or remove the <br /> same. <br /> 23. Default. <br /> (a) Defaults. <br /> The occurrence of any of the following shall constitute a material breach and default <br /> ("Default")of this Lease by Lessee: <br /> (1) Any failure by Lessee to pay when due any of the Rent or other <br /> charges payable by Lessee; <br /> (2) A failure by Lessee to observe or perform any other provision of <br /> this Lease to be observed or performed by Lessee when such failure is not corrected within 10 <br /> days after written notice thereof from Agency; or if such failure cannot be cured within this 10 <br /> day period, as determined by Agency in its reasonable discretion, if such cure is not commenced <br /> within 30 days of Agency's written notice and thereafter diligently pursued to completion; <br /> (3) The abandonment or the vacation of the Premises by Lessee for a <br /> period of more than 15 consecutive days; <br /> (4) The happening of any of the following events: (a) the filing or <br /> institution by Lessee of any proceeding under the Bankruptcy Act and any amendment thereto, <br /> or any other federal or state act now or hereafter relating to the subject of bankruptcy, <br /> insolvency, arrangement, reorganization, or other form of debtor relief, (b) the institution or <br /> filing of any involuntary proceeding against Lessee under any of the aforementioned laws unless <br /> such proceeding is dismissed within 30 days thereafter, (c) an adjudication of bankruptcy or a <br /> finding or judgment of insolvency of Lessee, (d) an assignment for the benefit of creditors by <br /> Lessee, (e) the levy of a writ of execution of the business of Lessee or the assets of Lessee <br /> located on the Premises which is not discharged within 10 days after the date of said levy, or (f) <br /> the appointment of a receiver to take possession of any property of Lessee. <br /> 24. Remedies. <br /> In the event of a Default by Lessee, Agency may, at any time thereafter: <br /> ATTY/AGR/2013.244/SEQUOIA STATION LEASE AGREEMENT <br /> REV:01-13-14 VR <br /> 5884508.1 <br /> Page 14 of 21 <br />