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2015-01-29_REVISION - M2008070 (3)
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2015-01-29_REVISION - M2008070 (3)
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Last modified
6/16/2021 2:12:35 PM
Creation date
4/15/2015 8:51:30 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2008070
IBM Index Class Name
REVISION
Doc Date
1/29/2015
Doc Name
Application Form for Transfer of Mineral Permit and Succession of Operators
From
White River Pit
To
DRMS
Type & Sequence
SO1
Email Name
THM
GRM
Media Type
D
Archive
No
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7. INDEMNIFICATION OF LESSOR <br />7.1- Lessee agrees to indemnify and hold Lessor harmless from liability on all claims for <br />damages and injuries to person or property that are claimed to have resulted form the activities or <br />omissions of Lessee or its agents or employees during the terms hereunder, including attorney's <br />fees. <br />8. EXCLUSIVE RIGHTS <br />8.1 - Lessor agrees that during the term hereof, except for 1-000 tons of pit run material <br />which is reserved for Lessor with no Royalty obligation for Lessee, Lessee shall have the <br />exclusive right and option to purchase and remove any and all sand, gravel, rock and/or dirt from <br />the leased premises. If Lessor wishes to have their 2000 tons of pit run processed, they will pay <br />for any processing costs. <br />9. DEFAULT OF LESSEE <br />9.1 - In the event any default occurs in the performance of any term or condition of this <br />Lease by Lessee, Lessor shall give notice in writing to Lessee demanding the correction or <br />removal of such default. 'Notice shall be deemed given when deposited in the United States Mail, <br />addressed to Lessee at its address stated herein. In the event that Lessee fails to correct or remove <br />such default within thing (30) days from the date notice is given hereunder, Lessor may, at his <br />option, terminate this Lease. If this Lease is terminated by Lessor pursuant to this section, Lessor <br />shall have rights and remedies against Lessee as provided by Colorado law, and also provided in <br />this-Lease, including but not limited to the collection of any accrued royalties, enforcement of <br />Lessee's reclamation responsibility as provided in this Lease and reasonable attorney's fees. <br />Lessee :.hall have sixty (60) days after such termination within which to complete reclamation <br />and remove any structures or equipment placed on the leased premises by Lessee. <br />10. RECLAMATION OF LAND <br />10.1- Lesser stall completereclay ation ofthe Leased Premises within thirty (30) days <br />from the date this Lease has terminated for any reason, or when Lessee has completed removal of <br />all economically recoverable gravel, whichever event occurs first. <br />10.2 - In the reclamation and release of land from this Lease, Lessor and Lessee <br />acknowledge that they may have conflicting goals. Lessor's goal may be to obtain clear title to <br />and convert reclaimed land to beneficial uses other than gravel mining, such as residential or <br />light industrial uses. Lessee's goal is to retain that portion of reclaimed land it deems reasonably <br />necessary to facilitate its continuing operations under the terms of this Lease and minimize the <br />necessity of moving its temporary structures and/or equipment to different locations on the leased <br />Page 5 of 10 <br />
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