2015-03-23_PERMIT FILE - M2015011 (10)

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„'for a maximum of 35,000 cy of borrow material. A $3,000 depositlis to be paid in advance of operations commencing and then payments will be made monthly based on the material removed prom the site. The estimated interim quantities will be paid within 30 days of removal of the material. The term of this Lease shall commence upon the 15th of March, 2015 and run for one year from that date. 3. Work. It is understood and agreed that all work will be done upon the Property without expense to the Lessors. All work performed by the Lessee, its independent contractors, employees, agents or others in any way related to the Property or this Lease (collectively, the "Related Parties ") shall be performed in a good and workmanlike manner and otherwise pursuant to the terms hereof. 4. EnvironmentaVHazardous Substances. Other than as is directly related to the Borrow Operations and in compliance with all applicable Environmental Laws (defined below), Lessee shall not dispose of or otherwise introduce any Hazardous Substances on or to the Property or any real property in the vicinity of the Property. In connection with its conducting the Borrow Operations on the Property or otherwise with respect to this Lease, Lessee acknowledges, understands and covenants to Lessors that (i) none of the Property will be in direct or indirect ,violation of any local, state or federal law, rule or regulation pertaining to, environmental regulation, contamination or clean -up (collectively, "Environmental Laws "), and (ii) none of the Property will be subject to any private or governmental lien or judicial or administrative notice or action relating to hazardous and /or toxic substances, wastes, materials, pollutants or contaminants (including, without limitation, asbestos and raw materials which include hazardous constituents) and any other substances or materials which are included under or regulated by Environmental Laws (collectively, "Hazardous Substances "). 5. Permits/ Approvals. In connection with its Borrow Operations or any other action or inaction which Lessee takes with respect or related to the Property, Lessee shall be in strict compliance with all applicable local, state and federal laws. Lessee shall be solely responsible for obtaining all required licenses, and approvals required for the Borrow Operations. Lessors agrees to use reasonable efforts to cooperate with Lessee's efforts, including execution of any required applications, requests or other matters; provided, however, it is expressly understood and agreed that Lessor shall not be required to expend any out -of- pocket costs or expenses in connection with such cooperation. 6. Insurance. At any time while this Lease is in effect, Lessee shall obtain and maintain in full force and effect, at its own expense: (i) a policy of insurance written by one or more responsible insurance carrier(s) which will include Lessor as an additional insured, insuring against liability for injury to persons and /or property and death of any person or persons occurring in, on or about Property arising from Lessee 's conduct. and (ii) all employee's compensation insurance required under applicable Worker's Compensation Acts. Before commencing any work on the Property, Lessee shall furnish Lessors with certificates of insurance issued by the appropriate insurance carrier(s) demonstrating compliance with the terms of this paragraph. 7. Indemnity Regarding Lessee's Activities. Lessee shall indemnify, defend and hold harmless Lessors from and against all claims, causes of action, liability, damages, costs, and expenses (including reasonable attorneys' fees and costs), arising from any work or conduct engaged in by Lessee or the Related Parties in any way related to this Lease, the Operations and any other actions or inactions by Lessee or the Related Parties in any way 1)