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written permission of Lessee, permit entry by any person upon the Premises. Further, it
<br />shall be the responsibility of Lessor to provide such repair, maintain, and replace such
<br />fences and barriers as exist as of the Effective Date, and to install, repair, maintain and
<br />replace only such additional fencing or barriers as may be necessary to prevent the entry
<br />of livestock or domestic animals of Landlord into Lessee's areas of operation within the
<br />Premises. Any other fencing required in Lessee's discretion will be the responsibility of
<br />Lessee. Any death, injury or other damage resulting from improper entry as provided in
<br />the first sentence of this subsection, or which results from Landlord's failure to fulfil its
<br />portion of the fencing obligations herein, shall be the responsibility of Landlord and
<br />Landlord shall hold harmless and indemnify Lessee from any resulting claims as provided
<br />in paragraph 21, below.
<br />b. Lessor will designate all existing access points by which
<br />Lessee shall be entitled to conduct entrance and egress to and from the Premises. Lessee
<br />will not add other points of entry and egress to access the Premises without Lessor's
<br />written consent. Within and upon the Premises, the Lessee shall have the right to make
<br />such improvements and take such other actions with respect to the Premises as the Lessee
<br />may deem reasonably necessary for the use and operations permitted under this Lease,
<br />including without limitation the right to (i) construct buildings, other structures and roads
<br />on the Premises, (ii) make excavations, openings, stockpiles, dumps, ditches and drains,
<br />and (iii) place machinery upon the Premises; provided, however that any such buildings,
<br />structures and/or machinery constructed or placed upon the Premises by the Lessee shall
<br />remain the exclusive property of the Lessee, and shall be removed upon termination of this
<br />Lease as provided in Paragraph 23 below. Provided that Lessor has first granted written
<br />permission (which permission will not be unreasonably withheld), such right of use may
<br />include, without limitation, the right to sublet portions of the Premises to other
<br />contractors, sand and gravel operations, asphalt facilities, crushers and sorters, cement
<br />production or other extractors or similar operators for purposes of mining the Premises,
<br />using the aggregates mines from the Premises, and/or storing materials or operating on the
<br />Premises in the same manner as Lessee, subject to Lessee remaining obligated to fulfill or
<br />assure fulfillment of its obligations under the terms of this Lease.
<br />C. The parties agree that exploration for, or production, mining
<br />or extraction of, oil, gas or other minerals not covered by this Lease would unreasonably
<br />interfere with the Lessee's operations under this Lease. Therefore, except as otherwise
<br />agreed by the Lessee in writing, the Lessor shall not use and/or lease the Premises or any
<br />portion thereof for the purpose of exploring for, producing, mining or extracting oil, gas
<br />or other minerals, unless such use and/or lease was in existence at the Effective Date of
<br />this Lease, while this Lease remains in effect. Lessor hereby represents that the Premises
<br />is not subject to any such operation or lease and Lessor shall indemnify Lessee for any
<br />damages arising as a result of any such operation by third parties that materially impact
<br />Lessee's rights hereunder. The foregoing indemnification shall include, without
<br />limitation, Lessee's costs and legal fees.
<br />d. Lessee will at all times adopt reasonable practices to prevent
<br />the accumulation of waste materials, refuse, or other trash; provided, however, that
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