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b. If this lease is terminated by Landlord,Landlord shall have such right to damages,and <br /> remedies,as permitted by law. For any breach of this lease by Landlord,Tenant shall <br /> have such damages,and remedies,as permitted by law. <br /> c. Tenant shall have six(6)months after any termination of this lease in which to remove <br /> any plants, improvements,or equipment,placed upon the premises by Tenant. <br /> d. Reclamation shall be completed in accordance with the reclamation plan approved by the <br /> appropriate government agency and within such time as permitted by the reclamation <br /> plan and/or governmental agency. <br /> 8. Landlord covenants and warrants the following; <br /> a. Landlord now holds title to,and possession of,the premises free and clear of all former <br /> grants,sales,liens, encumbrances and/or leases of an kind; <br /> b. Real property taxes have been paid,when due, <br /> c. Landlord holds good title and merchantable title to the sand,grave,rock,dirt,soil and <br /> mineral estate. <br /> 9. Tenant covenants and warrants the following: <br /> a. Tenant shall,at Tenant's expense,keep and maintain in full force and effect any and all <br /> applicable permits necessary for Tenant's operations permitted herein. <br /> b. Tenant shall operate the operations permitted herein, in a lawful manner. <br /> c. The above warranties shall continue throughout the term of the lease. <br /> 10. Notwithstanding any provision herein to the contrary,Tenant may upon sixty(60)days written <br /> notice to Landlord,cancel and terminate this lease upon the occurrence of any of the following: <br /> a. Tenant does not receive a contract to provide materials to the Cedar Creek Wind II from <br /> Blattner Energy. <br /> b. Tenant has determined that materials can no longer be profitably mined and removed <br /> from the leased property; <br /> c. State of Colorado,or any other applicable government agency fails to initially issue and <br /> permit or authority to perform the operations agreed to herein; <br /> d. State of Colorado,or any other applicable government agency terminates,withdraws or <br /> fails to renew any permit or authority to perform the operations agreed to herein; <br /> e. State of Colorado,or any other applicable government agency issues a cease and desist <br /> order upon Tenant,which results in Tenant's inability to operate as agreed to herein. <br /> f. Any other reason which results in Tenant being unable,impossible,to continue Tenant's <br /> operations on the premises as set forth herein. <br /> 11. Tenant shall not allow any mechanic's liens to placed or filed upon the premises,related to <br /> improvements,service or materials being supplied to the Property or pursuant to Tenant's <br /> possession of the premises.Tenant shall keep the premises free and clear of any liens or <br /> encumbrances of any kind whatsoever created by the Tenant's act or omissions. If Tenant causes <br /> any lien to be filed against the premises by reason of materials supplied to labor performed during <br /> the term of this lease,Tenant at its sole expenses shall cause said lien to be discharges and agrees <br /> to indemnify and save harmless Landlord for,from,and against each and every claim and lien, <br /> loss,cost damage and expenses including,without limitation,reasonable attorney's fees and cost <br /> arising out of such lien or claim. <br /> 12. Tenant shall maintain the premises in a clean and orderly appearance at all times. <br /> •) Page /7 <br />