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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. Lessee accepts no liability for, any interest in, and/or no control over, <br />whatsoever, Lessor's entity, Durango Gravel. <br />31. Condemnation. If the whole or any part of the Property 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 />The payment of a unitary or lump sum award by the condemning authority shall not <br />prejudice the right of either Lessor or Lessee to its proportionate share thereof, based <br />upon the respective value of its interest in the Property taken. In the event only a portion <br />of the Property is taken, and if notwithstanding such taking Lessee will be able to <br />continue to conduct its business in the remainder of the Property in substantially the <br />manner it was being conducted immediately prior to such taking, this Lease shall cease <br />only as to the part taken. If, however, by reason of the condemnation there is not <br />sufficient property left in or upon the Property for Lessee to conduct its business, as <br />determined by the sole discretion of the Lessee, in substantially the manner in which it <br />was being conducted immediately prior to such taking, then and in such event this Lease <br />shall terminate. Any lump sum award for any taking shall be allocated to Lessee as to <br />sand and gravel (less any royalty due Lessor) and as to Lessee's operations on the <br />Property taken and to Lessor as to all other interests in the Property. <br />32 Right to Redeem. Lessor agrees that Lessee shall have the right at any time to redeem or <br />protect the Leased Premises from any foreclosure, execution or other forced sale which <br />would impair Lessee's interest hereunder, by payment of any mortgages, taxes or other <br />liens on Lessor's Property in the event of default of payment by Lessor (to the extent <br />Lessor is obligated to pay same). Such payments so made by Lessee without limiting <br />Lessee's other remedies shall be deducted from the Production Royalties or other money <br />due, or which may become due, to Lessor from Lessee, during the term of this Lease. <br />33_�edies- Cumulative;- No- WaWel;- The.- r- ighL�-of- terminatiomset .forth.herein.are_— <br />cumulative and not in lieu of any other right a party may have hereunder in the event of _ <br />default by the other, provided that in all cases notice and an opportunity to cure shall be <br />given before remedies for default are enforced. Failure of Lessor or Tenant to complain <br />of any act or omission on the part of the other party, no matter how long the same may <br />continue, shall not be deemed to be a waiver by said party of any of its rights hereunder. <br />No waiver by Lessor or Tenant at any time, express or implied, of any breach of any <br />provision of this Lease shall be deemed a waiver of a breach or any other provisions of <br />this Lease or a consent to any subsequent breach of the same or any other provision. No <br />acceptance by Lessor of any partial payment shall constitute an, accord or satisfaction but <br />shall only be deemed a part payment on account. <br />34 Successors and Assigns. This Lease shall inure to the benefit of and bind the permitted <br />successors, representatives and assigns of the parties hereto. <br />