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13. The covenants and conditions contained in this lease agreement shall apply to and bind the heirs, <br /> legal representatives,and assigns of the parties,and all covenants are to be construed as <br /> conditions of this lease. <br /> 14. Any modifications of this lease or additional obligation assumed by either party in connection <br /> with this agreement shall be binding only if evidenced in a writing sighed by each party or <br /> authorized representative of each party. <br /> 15. Tenant agrees to maintain,at Tenant's expense,at all times during the term of this lease a <br /> commercial general liability insurance policy with combined single limit for bodily injury and <br /> property damage of at least$1,000,000.00 for each occurrence,with the aggregate limit of no less <br /> than $2,000,000.00 insuring representatives arising out of or in connection with Tenant's use and <br /> occupancy of the premises. Landlord shall be named as additional insured on Tenant's policy. <br /> 16. This agreement is made with the expressed understanding and agreement that, in the event that <br /> the Tenant becomes insolvent,is declared bankrupt,assignment of Tenant's property should be <br /> made for the benefit of a creditor,or if Tenant's leasehold estate,as created herein shall be levied <br /> upon under execution,or seized by virtue of a writ of any court of law,or a receiver be appointed <br /> for the property of Tenant,then in any of the above events,the Landlord may declare this lease <br /> ended and all rights of Tenant hereunder shall terminate and cease. <br /> 17. All personal property,such as but not limited to,equipment,plants machinery,vehicles,supplies <br /> and materials of any kind or description whatsoever upon the premises,which is the property of <br /> Tenant,shall be Tenant's sole risk,and except for breaches of this lease,the Landlord shall not be <br /> liable for any damage due to loss of such property,or for the damage or loss suffered by the <br /> business or occupation of the tenant arising from any act or neglect of covenants or other <br /> occupants of the premises. <br /> 18. Landlord may enter upon the Premises,for any reason,during normal business hours,without <br /> notice. Landlord may enter property at any time to manage control or operate agricultural <br /> operations being performed outside of the gravel operations fenced area. <br /> 19. Tenant will not allow the premises to be used for any purposed prohibited by the laws of the State <br /> of Colorado,or the ordinances of the County of Weld in which the premises is located. In <br /> addition Tenant shall at all time operate the business located upon the premises in compliance <br /> with all Federal, State and County,rules,regulations and laws. <br /> 20. It is agreed that no assent,expresses or implies,to any breach of any one or more of the <br /> agreements hereof shall be deemed or taken to be a waiver of any succeeding or other breach. <br /> Any payment by Tenant and acceptance by Landlord of a lesser amount that due shall be treated <br /> only as a payment on account and not as full payment. Failure of either party to timely pay for <br /> taxes,insurance,or repairs as required herein,shall not be deemed a waiver. <br /> 21. Landlord may make whatever use of the premises,which is not being mined for purposes which <br /> does not interfere with Tenant's use of the premises. <br /> a. Landlord may go upon the premises for the purposes of harvesting crops or grazing <br /> cattle. <br /> 11111 Page /R <br />