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A Quarry Lease Revised -3 <br /> State or Local agency having jurisdiction over LESSEE'S mining operations, sufficient to enable <br /> LESSEE to conduct its mining, production, and distribution activities in the manner <br /> contemplated by this Lease, and (2) in addition to any other rights LESSEE may have to <br /> terminate, LESSOR hereby agrees that in the event any of these conditions precedent should <br /> fail at any time during the term of this Lease or within the time periods specified above, LESSEE <br /> shall have the right to terminate this Lease upon (30) days prior written notice to LESSOR. <br /> LESSOR and LESSEE further agree that, in the event LESSEE should terminate this Lease for <br /> failure of the contingency set forth in item (1) above, the LESSEE shall not be entitled to <br /> reimbursement from LESSOR of any amount paid, by LESSEE to LESSOR hereunder, prior to the <br /> date of termination and prior to commencement of any crushing operation by LESSEE. LESSOR <br /> shall not reimburse LESSEE for any amount paid where termination occurs subsequent to <br /> commencement of crushing operations by LESSEE. <br /> 7. Reclamation Requirements.The LESSEE will be responsible for performing all <br /> reclamation activities required by, and within the time periods set forth in LESSEE'S mining <br /> permit issued by the Colorado Mined Land Reclamation Board, or as otherwise necessary to <br /> comply with applicable Local, State, and Federal standards, and LESSEE hereby covenants that it <br /> shall post all bonds required by its mining permit issued by the Colorado Mined Land <br /> Reclamation Board to assure satisfactory completion of all such reclamation activities, all at no <br /> expense to LESSOR. LESSEE shall hold harmless LESSOR for compliance with all reclamation, <br /> Federal and State mining laws and regulations. The LESSOR shall grant LESSEE its employees <br /> and assigns ingress/egress (access) to the permitted site for purposes of reclamation until such <br /> time Huerfano County Government is granted a full reclamation release from the Division of <br /> Reclamation Mining and Safety. <br /> 8. No Other Relationship. The LESSEE is an independent contractor and no employer- <br /> employee or agency relationship exists between the parties. The LESSEE is responsible for acts <br /> of their employees, and agents and will indemnify and hold harmless the LESSOR for any <br /> damages or injuries incurred by any party (including employees and agents of sub-leases and <br /> sub-contractors)tcrthe extent the same result from LESSEE'S negligent operation of its activities <br /> under this Lease. <br /> 9. Assignment. The rights of the LESSOR and LESSEE may not be assigned in whole or in <br /> part to other parties, without consent from the other party. No change in ownership of <br /> LESSOR'S interest (by assignment or otherwise) shall be binding on LESSEE until LESSEE has <br /> received actual documented notice of said change in ownership. This Lease is binding on heirs, <br /> successors and assigns of the respective parties. <br /> 10. Applicable Law. All express or implied covenants of this Lease shall be subject to all <br /> Federal and State of Colorado laws, Executive Orders, Rules and Regulations, and this Lease <br /> shall not be terminated, in whole or in part, nor LESSEE held liable in damages, for failure to <br /> comply therewith, if compliance is prevented by, or if such failure is the result of any such Law, <br /> Order, Rule or Regulation. <br /> 11. REAL PROPERTY TAXES, SPECIAL ASSESSMENTS AND POSSESSORY INTEREST TAXES. <br /> Although the real property is owned in fee simple by the City of Walsenburg and real <br />