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2015-12-07_GENERAL DOCUMENTS - M1973007
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2015-12-07_GENERAL DOCUMENTS - M1973007
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Last modified
9/12/2020 1:40:07 AM
Creation date
12/4/2015 2:49:51 PM
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DRMS Permit Index
Permit No
M1973007SG
IBM Index Class Name
General Documents
Doc Date
12/7/2015
Doc Name
IMP CLOSEOUT FILE
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DRMS
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DRMS
Email Name
SDT
Media Type
D
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No
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Technologies. The License Agreement calls for Schlage Lock's cooperation and <br /> relocation of some of its facilities in order for Lessor to make other use of the Property, <br /> including use for gravel mining operations. Lessee shall cooperate with Schlage Lock <br /> under the License Agreement and not cause any breach of the Lessor's obligations <br /> thereunder. <br /> Lessee acknowledges that it may need to coordinate with Schlage Lock, and possibly <br /> Eagle Picher Technologies, in order to obtain the above commitment from CDPHE. <br /> Lessee also assumes all liability and responsibility for injury or damages to persons or <br /> property as a result of their mining activities coming into contact with contaminated soils <br /> and/or ground water from the contamination caused by Schlage Lock and Eagle Picher <br /> Technologies. Lessee shall fully investigate these matters before commencing mining <br /> operations. Lessee shall take possession and use of the Property in strictly an "as is" <br /> condition, without warranties or representations of any kind on the suitability of the <br /> Property for the intended purposes, except for Lessor's express warranty of title. <br /> 14. Prohibited Hazardous Materials. Except in strict compliance with all environmental <br /> laws, rules and regulations for any materials commonly used in the Lessee's day to day <br /> operations, the Lessee shall not cause, permit or allow any hazardous material to be <br /> brought upon, treated, generated or used upon the Property by Lessee. Lessee will <br /> promptly take all actions required by Federal, State or local government to remediate the <br /> Property in the event of the presence or release of any hazardous materials as a result of <br /> the actions or omissions of Lessee. Lessee's remedial obligations above do not include <br /> hazardous materials already present at the time this Lease is signed. Lessee shall <br /> immediately notify Lessor of the presence or release of any hazardous materials requiring <br /> such action. Lessee agrees to indemnify, defend, and hold harmless the Lessor for all <br /> claims, damages, judgments, liabilities, costs and expenses, including reasonable <br /> attorney fees, incurred as the result of the presence of hazardous materials upon the <br /> Property occurring after the date of this Lease from the activities of Lessee or as the <br /> result of the violation of any Federal, State or local environmental law, ordinance or <br /> regulation by Lessee. As used herein, Lessee includes its agents, employees, contractors, <br /> invitees and other third parties. <br /> 15. Overations. <br /> (a) Lessor shall not take any action, which interferes, in any material respect with <br /> Lessee's operations pursuant to its interest in this Lease. <br /> (b) By executing this Lease, Lessee agrees to conduct its operations hereunder in a <br /> good, safe, businesslike, and minerlike manner consistent with Industry <br /> standards and in compliance in all material respects with all applicable laws, <br /> regulations, licenses,permits and orders of any governmental entity relating to (1) <br /> operations on the Property, (2) the marketing, sale, and use of the aggregate <br /> Minerals, or (3) labor relations in connection with such operations or marketing, <br /> 8 <br />
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