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719470 04/24/2014 09:51 AM B: 01007 P: 643 LSE <br /> Paye: 8 of 9 R $0.00 D $0.00 T $0.00 <br /> Pa9ela M. Bacon Clerk d Recorder, Logan County, Cc <br /> 1111 KFAN UM ANV 11 AN UIVAN1OU 11111 <br /> C. Binding Effect. This Lease shall not be assignable, except upon any transfer in <br /> ownership of the Leased Premises during the term of this Lease. In that event, <br /> the Lease shall be binding upon and inure to the benefit of the <br /> transferee/subsequent owner. <br /> D. Severability. If any term or condition of this Lease shall be held to be invalid, <br /> illegal, or unenforceable, this Lease shall be construed and enforced to the <br /> extent possible without such provision. <br /> E. Counterparts. This agreement may be executed in counterparts and by faxed or <br /> F _ emailed signatures, each of which shall be deemed an original and shall <br /> EU constitute the contract between the Parties. <br /> o c F. Waiver. No waiver or assent, express or implied, by the non-breaching party to <br /> U- any breach of any of the covenants of the Lease shall be deemed to be a waiver <br /> am a9 of any succeeding breach of the same covenant. <br /> �wJ2C G. Modification. Notwithstanding the provisions of Paragraph 3, this Lease shall <br /> not be changed or modified except by a writing signed by all parties hereto. <br /> god o`''� <br /> cwr H. Recording. This Lease is given in Colorado concerning Colorado property, and <br /> aoo: shall be recorded by the County to give public notice thereof. <br /> m o o il= I. Exploration. The Owner or his lessee has the right to enter onto the Leased <br /> rN <br /> � + Premises to explore for or to extract oil and gas, in a manner that does not <br /> m � <br /> elm o$ interfere with the County's reclamation operations. All surface damage, lease <br /> n o°0- bonus, and royalties connected with the Leased Premises shall be paid to the <br /> qFoe Owner and/or other mineral interest owners of record. <br /> ogee_ <br /> J. Prior Appropriation. This Agreement is subject to and contingent upon <br /> r.aa° <br /> sufficient funds being appropriated, budgeted or otherwise made available in <br /> any ensuing fiscal year to enable the County to meet all or any portion of its <br /> obligations hereunder. In the event sufficient funds are not appropriated, <br /> budgeted or made available for County to meet its obligations under this <br /> Agreement,the County may unilaterally terminate this Agreement by giving <br /> written notice to Owner by December 31 and the Agreement would terminate <br /> on the next succeeding January 1. In the event of such termination,the County <br /> shall not be entitled to any refund from Owner for any lease payments made to <br /> Owner,and the County shall not be relieved of any civil liability with respect to <br /> its activities on the Property. <br /> K. Condition Precedent. The approval of an amended Permit by the MLRB, as <br /> described in section 2, above, shall be a condition precedent to the obligation of <br /> either party to perform this Agreement, failing which,this Agreement shall <br /> terminate without further obligation under this Agreement of either party. <br />