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5 <br /> (3) Notwithstanding the Term(s) as set out, either party shall have the right to terminate this <br /> Lease on One Hundred Twenty (120) days written notice to the other. Such notice to be <br /> effective on the last day of the month in which the notice was delivered. Excepting the <br /> sale of the property in which case a(60)day notice is enforceable. <br /> 4. RIGHT TO MINING AND RECLAMATION <br /> (1) Tenant shall have the right to conduct mining and reclamation operations at the existing <br /> Sandstone Pit. Tenant has the right to sell any minerals mined from the Sandstone Pit <br /> area, furthermore Tenant is responsible for all cleanup and reclamation associated with <br /> their operations. Tenant shall conduct their operations in accordance with all local, state <br /> and federal regulations. Tenant is responsible for obtaining any necessary permits, <br /> bonds or fees necessary to conduct their operations. <br /> (2) No structures exist within 200 feet of Sandstone Pit limits, Tenant shall not erect any <br /> permanent structure within 200 feet without prior written approval from Landlord. <br /> 5. ASSIGNMENT <br /> (1) The Tenant shall not assign this Lease or sublet the whole or any part of the Premises <br /> unless he/she/it first obtains the consent of the Landlord in writing. <br /> (2) The consent of the Landlord to any assignment or subletting shall not operate as a waiver <br /> of the necessity for consent to any subsequent assignment or subletting. <br /> (3) Any consent granted by the Landlord shall be conditional upon the assignee, sublessee <br /> or occupant executing a written agreement directly with the Landlord agreeing to be <br /> bound by all the terms of this Lease as if the assignee, sublessee or occupant had <br /> originally executed this Lease as Tenant. <br /> (4) Any consent given by the Landlord to any assignment or other disposition of the <br /> Tenant's interest in this Lease or in the Premises shall not relieve the Tenant from his <br /> obligations under this Lease, including the obligation to pay Rent and Additional Rent as <br /> provided for herein. <br /> (5) If the party originally entering into this Lease as Tenant, or any party who subsequently <br /> becomes the Tenant by way of assignment or sublease or otherwise as provided for in <br /> this Lease, is a company then: <br /> (a) if any change is made in the control of the Tenant company without the <br /> written consent of the Landlord then the Landlord shall be entitled to treat <br /> the Tenant as being in default and to exercise the remedies stipulated in <br /> Section 10 (2) of this Lease and any other remedies available in law; <br />