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used to offset rent due as -set forth in this Article 2.2(b). All Removed Materials shall be <br />weighed and Tenant shall prepare weight slips with sequential numbers and shall deliver <br />to Landlord each month, the rent for the previous month and written verification of the <br />tonnage of Removed Materials during the previous month. <br />(c) Cessation of Mining Operation. If, during the term of the Lease, Tenant is <br />permanently enjoined from conducting the mining and removal operations anticipated for <br />the Leased Premises by governmental and/or judicial intervention, Tenant shall have the <br />right to terminate the Lease. <br />2.3 PAYMENT OF CHARGES. All rent and other charges to be paid by Tenant shall <br />be paid as provided in the Lease and the nonpayment of any item when due shall constitute a <br />breach and default under the terms of the Lease, thereby en` t�timg-Ean ord to terminate the same <br />and reposses emises and to seetz judgment for th a unpaid rental and any <br />other damage Landlord may have suffered. If, however, Landlord elects to waive the breach by <br />Tenant and accept any tendered late payment, it is agreed that this acceptance is not a waiver by <br />Landlord of any rights Landlord may have regarding subsequent default. <br />2.4 CURRENCY. All monies due from Tenant to Landlord under the Lease, whether <br />as rent or otherwise, are to be paid in lawful currency of the United States, as then exists. <br />2.5 PLACE OF PAYMENTS. All rents shall be made payable to Landlord and shall <br />be sent to him at 1475 Main Street, Windsor, CO 80550, or at such other address as Landlord <br />may from time to time designate in writing to Tenant. <br />ARTICLE III <br />USE OF LEASED PREMISES <br />3.1 TENANT'S USE. The Leased Premises shall be used and occupied by Tenant <br />solely for the purpose of mining and removing Removed Materials and for no other purpose <br />without Landlord's prior written consent. Tenant shall comply with all rules, regulations and <br />laws of any governmental authority with respect to its use and occupancy. <br />3.2 CONDITION OF PREMISES. Tenant has fully inspected the Leased Premises <br />and accepts the same in its now current condition. Landlord agrees to defend and indemnify <br />"Tenant from any claims made by third parties alleging an ownership interest in the Leased <br />Premises and/or the mineral rights thereto. <br />3.3 UTILITIES. Each party shall be responsible for said party's requirements for <br />utilities used on or attributable to the Leased Premises. <br />3.4 LANDLORD'S USE. Other than Tenant's use as set forth in Article 3.1 above, <br />Landlord can continue to use the Leased Premises for Landlord's purposes. <br />2 <br />