Laserfiche WebLink
23. Fixtures and Equipment. The Lessee shall maintain the Premises in <br />good order and repair. At the end of the Term of this Lease, the Lessee shall quit and <br />surrender the Premises in as good condition as when received by the Lessee, mining <br />excavations and related activities as well as normal wear and tear excepted. If the Lessee <br />fails to maintain the Premises as required herein, the Lessor shall have the right, but not <br />the obligation, to perform such maintenance and/or repairs, and the Lessee shall promptly <br />reimburse the Lessor for its costs in providing such maintenance and/or repairs. Within <br />60 days after the termination of this Lease, the Lessee shall, without unnecessary waste or <br />injury to the Premises, remove all of the Lessee's personal property, buildings and <br />improvements therefrom. <br />24. Mechanic's Liens. The Lessee shall not permit any mechanic's liens <br />or other liens to be placed upon the Premises during the Term of this Lease, and in the case <br />of the filing of any such lien, the Lessee shall promptly pay same; however, the Lessee <br />shall have the right to contest the validity or amount of any such lien upon the Lessee's <br />prior posting of appropriate security, which security, in the Lessor's sole judgment, must <br />be adequate to pay and discharge any such lien in full, plus the Lessor's reasonable <br />estimate of its legal fees. The Lessee shall pay all legal fees that might be incurred by the <br />Lessor because of any mechanic's liens or other liens placed upon the Premises. <br />25. Right To Pay Liens. If any indebtedness of the Lessor, including <br />taxes, secured by a lien against the Premises is not paid when due and the Lessee <br />reasonably deems its leasehold interest in the Premises to be in jeopardy, the Lessee may, <br />at its option and without being required to do so, pay the same. Any and all such payments <br />shall be credited against any Royalties due to the Lessor hereunder. <br />26. Destruction Of Premises. If other than through the fault of the Lessee <br />the Premises are totally destroyed during the Term hereof or become unusable for the <br />Lessee's contemplated use and operations hereunder, this Lease shall terminate. <br />27. Subordination. The Lessee hereby agrees that its leasehold interest <br />hereunder is and shall be subordinate to any deeds of trust or mortgages now on, or <br />hereinafter to be placed on, the Premises, provided that the Lessee's quiet possession of <br />the Premises shall remain undisturbed by the Lessor or the holder of any deed of trust or <br />mortgage so long as (i) the Lease remains in full force and effect, and (ii) the Lessee is not <br />in default under this Lease (after notice and an opportunity to cure). <br />28. Termination Of Lease. <br />a. This Lease shall be terminated as set forth in Paragraph 5, or <br />upon the Lessee's failure to pay any unpaid Royalties within thirty (30) days of the date of <br />receipt by the Lessee of the Lessor's notice that such Royalties have not been paid. The <br />Lessee shall not be required to commence or continue mining operations on the Premises <br />if, (i) it determines in good faith that the Premises cannot be profitably mined for sand and <br />gravel, and (ii) the Lessor is notified of such determination. Upon the giving of any such <br />notice by the Lessee, this Lease shall be canceled and terminated, provided that the Lessee <br />shall be required to pay any Sand and Gravel Royalties and Gold Royalties due the Lessor <br />I <br />