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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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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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Either party may, by written notice given to the other party in the foregoing manner, <br />change such party's address for notice from time to time during the term thereof. <br />26. No Partnership. Nothing contained in this Lease is intended to create any partnership, <br />joint venture or association between Lessor and Lessee or in any way to make Lessor a <br />co- principal with Lessee with respect to the Leased Premises and any inferences to the <br />contrary are hereby expressly negated. Lessee shall have the right to advertise, and <br />otherwise identify the sand and gravel operation under a name that it so chooses. Lessee <br />accepts no liability for any of Lessor's previous entities, names, agreements or <br />obligations. <br />27. Condemnation. If the whole or any part of the Premises shall be taken by any public <br />authority under the power of eminent domain at any time during the Term of this Lease, <br />all condemnation awards on account of the interest of the Lessor shall be paid to the <br />Lessor and all awards on account of Lessee's leasehold interest shall be paid to Lessee; <br />provided that any sum award for any taking shall be allocated to Lessee only as to sand <br />and gravel (less any royalty due Lessor) that could reasonably be extracted by Lessee <br />during the Term of the Lease, excluding any potential extensions. Lessor shall receive <br />the full benefit of any condemnation payments for any other sand and gravel and as to all <br />other interests in the Property The payment of a unitary or lump sum award by the <br />condemning authority shall not prejudice the right of either Lessor or Lessee to its <br />proportionate share thereof, based upon the respective value of its interest in the Premises <br />taken as set forth immediately above. <br />Notwithstanding the foregoing, in the event only a portion of the Premises is taken, and if <br />Lessee will be able to conduct its business in the remainder of the Premises in <br />substantially the manner it was being conducted immediately prior to such taking, this <br />Lease shall cease only as to the part taken, Lessee shall not have the right to any recovery <br />from the condemning authority, this Lease shall continue in full force and effect for the <br />remainder of the Premises and the parties shall modify the Mining Plan accordingly. <br />28. Subordination; Non - Disturbance. Subordination. Lessee agrees that it will subordinate <br />its interest in the Premises pursuant to this Lease, to those mortgages, deeds of trust, <br />security agreements or other liens, all of which are permitted hereunder, and which may <br />hereafter be executed by Lessor covering the Premises or any portion thereof, and any <br />amendments modifications or renewals thereto. The beneficiary or party secured under <br />any such mortgage, deed of trust, security agreement or other lien shall simultaneously <br />agree in writing that in the event of a foreclosure or termination thereof or other act or <br />remedy whereby a purchaser from such mortgagee, beneficiary, secured party or other <br />person, acquires title to the Premises, by, through or under such mortgage, security <br />agreement or lien, that Lessee's rights hereunder shall not be disturbed so long as this <br />Lease has not been terminated. Lessee also agrees that in the event'that any such <br />mortgagee, assignee or purchase from a mortgagee or secured party as hereinabove <br />described acquires Lessor's interest in the Premises, or any portion thereof, * by <br />
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