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2015-04-10_GENERAL DOCUMENTS - M2008078
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2015-04-10_GENERAL DOCUMENTS - M2008078
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Last modified
8/24/2016 5:59:11 PM
Creation date
4/29/2015 4:45:56 PM
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Template:
DRMS Permit Index
Permit No
M2008078
IBM Index Class Name
GENERAL DOCUMENTS
Doc Date
4/10/2015
Doc Name
Right To Enter
From
GP Aggregates, LLC
To
DRMS
Email Name
AME
WHE
Media Type
D
Archive
No
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Lease, subject to the terms and conditions hereof. Lessor shall have the <br />right to enter on the Premises for the following purposes: (i) inspection <br />and ensuring compliance with the Permits and applicable laws; - (ii) <br />construction, maintenance and repair of the slurry wall; (iii) maintenance <br />of conditions under dry -up covenants and other matters related to Lessor's <br />farming operations on the remainder of Lessor's Property and adjacent <br />properties owned by Lessor or affiliated entities. Lessor shall not interfere <br />with or disrupt Lessee's Sand and Gravel operations on the Premises; <br />provided that Lessor shall have the right suspend operations as reasonably <br />necessary for Lessor to complete maintenance or repairs to the slurry wall. <br />b. If in connection with any such inspection or otherwise, Lessor shall <br />identify any action or corrective steps Lessee must take to be in <br />compliance with this Lease, and Lessee, upon being notified thereof, shall <br />fail to take or to commence to undertake any such action within a <br />reasonable time thereafter, Lessor may re -enter the Premises and take such <br />measures, consistent with its notice to Lessee, as Lessor may deem <br />necessary to correct such noncompliance, all of which shall be at Lessee's <br />expense. <br />C. Lessor further represents and warrants to Lessee that Lessee shall have <br />reasonable and uninterrupted access to the Leased Premises, as required <br />for its operations during such regular operation hours as are authorized by <br />the Permits during the Term hereof, subject to the terms and conditions of <br />this Lease. It is understood that Lessor does not warrant that the <br />operations are permitted by law or regulation, and the risk of compliance <br />of the operations shall be borne by Lessee. <br />18. Lessee's Covenants and Warranties. <br />a. Lessee shall pay when due the Production Royalty and Minimum Royalty <br />and all other amounts due Lessor or any third party hereunder. Amounts <br />due Lessor that are not paid when due under the terms of this Lease shall <br />bear interest at eighteen percent (18 %) per annum from the date due until <br />paid. <br />b. Lessee shall conduct its operations on the Property in a prudent and <br />workmanlike manner in accordance with good and accepted mining and <br />business practices and in compliance with this Lease, the Permits, and all <br />applicable federal, state and local laws, rules and regulations, including <br />without limitation those relating to safety, health and the environment. <br />C. Lessee shall keep the Leased Premises free and clear of liens, charges, <br />claims or demands arising from Lessee's operations hereunder and shall <br />promptly pay for all labor performed on the Leased Premises and for all <br />supplies, materials, and equipment used or placed on the Leased <br />Premises. Lessee may contest in good faith any lien; provided that, Lessee <br />
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