2017-04-10_REVISION - M1987164 (3)

Home Browse Search

24. EXHIBITS AND ATTACHMENTS. All exhibits, attachments, riders and addenda referred to in the Lease are incorporated into this Lease and made a part hereof for all intents and purposes. 25. ADDITIONAL OBLIGATIONS OF TENANT. (a) Indemnification. Tenant shall indemnify,defend and hold CWH and Connell harmless against any and all losses, claims or damages to the extent the same arise out of or in connection with Tenant's, or its respective agents', employees' or contractors' actions, negligence or material breach of this Lease. This indemnity shall survive the expiration or early termination of this Lease. . (b) Compliance with Law. Tenant shall at all times comply with the applicable laws, regulations and permits governing its activities on the Premises, including all Environmental Requirements. (c) Non-Interference with Certain Activities of CWH. Tenant shall not interfere with any effort by CWH to(i) sell areas of the Property other than the Premises or(ii) annex the Property to the Town of Hayden, provided that such sale or annexation would not be detrimental to the current or planned future uses of the Premises by Tenant (including Tenant's road access to the Premises and haul roads between the Mining Pods). (d) Material Records. Tenant shall keep an accurate record of all Materials removed from the Property and sold. CWH may during regular business hours examine Tenant's mining procedures and review Tenant's books and records for the purpose of verifying the amount of production and royalties payable. Any nonpublic information obtained by CWH in the course of such examination, regardless of form, shall be held by CWH in confidence and may not be used by CWH except for the purpose of evaluating Tenant's compliance with this Lease. 26. TENANT'S DEFAULTS. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant: (a) The failure by Tenant to make any payment required to be made by Tenant hereunder,as and when due,where such failure shall continue for a period of ten days; or (b) The failure by Tenant to observe or perform any of the covenants,conditions, or provisions of this Lease to be observed or performed by Tenant, other than the payment of sums due hereunder, where such failure shall continue for a period of 30 days after Tenant's receipt written notice thereof from CWH;provided,however,that if the nature of Tenant's default is such that more than 30 days are reasonably required for its cure,then Tenant shall not be deemed to be in default if Tenant commences such cure within such 30 day period and thereafter diligently pursues such cure to completion. 27. REMEDIES. (a) In the event of any default by Tenant which remains uncured after the expiration of the applicable notice and cure period(s) specified above, CWH may, in accordance with procedures required by law,pursue one of the following remedies: (i) In the event of a default,CWH may terminate Tenant's right to possession of the Premises by any lawful means, in which case Tenant shall surrender possession of the Premises to CWH within 30 days after Tenant's receipt of CWH's written notice of termination. In the event CWH is permitted to terminate Tenant's right of possession as set forth herein, CWH shall be entitled to recover from Tenant all damages incurred by CWH by reason of Tenant's default including,but not limited to,the cost of recovering possession of the Premises, expenses of reletting, and the rent and royalties as they become due hereunder; provided that Tenant shall be entitled to a credit against such amounts equal to(i) the amounts received by CWH by re-leasing the Premises or otherwise mitigating its damages or (ii) if CWH fails to re-lease the Premises, the fair market rental value of the Premises for the applicable period. Notwithstanding anything in this Lease to the contrary, in no event shall Tenant be liable for (i) 9