2016-06-30_REVISION - M2008078 - Laserfiche WebLink

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improvements thereon, including without limitation, improvements that Lessor installs on Lessor's Property for Lessor's own purposes. Any sales and use taxes arising from Lessee's operations are to be borne (or collected) by Lessee. In the event that any local, state or federal authority shall impose any tax, surcharge or financial obligation upon either Lessor or Lessee wherein the basis for such tax, surcharge or financial obligation upon either Lessor or Lessee shall be severance, removal or processing of Sand and Gravel, Lessee agrees that during the term of this Lease Lessee shall pay all such obligations, taxes or surcharges. If either party receives tax notices, schedules or declarations pertaining to taxes which are in whole or in part the responsibility of the other party, such documents shall promptly be forwarded to the other party. 17. Assignment and Subleasing. Lessee shall not assign or sublease this Lease or the Leased Premises, or any portion thereof or interest therein, or subcontract any operations in connection with the Sand and Gravel Operations, to any party other than an Affiliate without Lessor's prior written consent, which shall not be unreasonably withheld. For purposes of this Section, "Affiliate" means any entity controlling, controlled by or under common control with Lessee. Any assignment or sublease in violation of this Section shall be void. Lessor's rights hereunder shall be freely assignable or subject to sublease without Lessee's consent. 18. Site Access and Maintenance. Lessee shall be responsible for maintenance of the access road(s) leading to and within Lessor's Property to the site of Sand and Gravel operations. Lessee shall be responsible for fencing or otherwise providing security for Lessee's Property, and shall control all gates and locks necessary for access to Lessee's Property for purposes of its operations hereunder. Lessee shall not be deemed an insurer or guarantor of the safety or security of Lessor's Property or to have a fiduciary relationship with Lessor. 19. Disclosure. Each party shall provide the other party with written copies of any and all documentation that pertains to the operation and permitting of the sand and gravel operation. That documentation shall include, but not be limited to, any and all access permits, mining permits, land use permits, storm water permits and reclamation permits. It shall also include copies of any previously issued, if any, MSHA violations, environmental violations and correspondence with the Colorado Division of Minerals and Geology. 20. No Partnership. Nothing contained in this Lease is intended to create any partnership, joint venture or association between Lessor and Lessee or in any way to make Lessor a co- principal with Lessee with respect to the Leased Premises and any inferences to the contrary are hereby expressly negated. Lessee shall have the right to advertise, and otherwise identify the sand and gravel operation under a name that it so chooses. Lessee accepts no liability for any of Lessor's previous entities,names, agreements or obligations. 21. Subordination; Non-Disturbance, Subordination. Lessee agrees that it will subordinate its interest in the Premises pursuant to this Lease, to those mortgages, deeds of trust, security agreements or other liens, all of which are permitted hereunder, and which may hereafter be executed by Lessor covering the Premises or any portion thereof, and any amendments modifications or renewals thereto. The beneficiary or party secured under any such mortgage, deed of trust, security agreement or other lien shall simultaneously agree in writing that in the event of a foreclosure or termination thereof or other act or remedy whereby a purchaser from such mortgagee, beneficiary, secured party or other person, acquires title to the Premises, by, ACTIVE 41147961v1 07/06/2016 5