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2018-02-23_REVISION - M1987103
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2018-02-23_REVISION - M1987103
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Entry Properties
Last modified
6/16/2021 2:28:46 PM
Creation date
2/27/2018 7:23:46 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1987103
IBM Index Class Name
Revision
Doc Date
2/23/2018
Doc Name Note
Incomplete Application
Doc Name
Incomplete Application
From
Parkerson Construction, Inc. / Kilgore Companies LLC dba Elam Construction
To
DRMS
Type & Sequence
SO4
Email Name
THM
GRM
Media Type
D
Archive
No
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survive the expiration or termination of this Lease until such time as action against the Kilgore <br />Indemnified Parties on account of any such Claims is barred by the applicable statute of limitations. <br />17. Inspect Books of Kilgore. Kilgore shall keep all necessary and appropriate records <br />to adequately reflect the amount of Sand and Gravel removed from the Properties and all other <br />information reasonably needed to determine the amount of the Lease Payments due to Parkerson <br />and will provide Parkerson with the balance and material removed and contained within the <br />Statement of Royalties Report. Parkerson upon request may receive a copy of the report and any <br />discrepancies noted by Parkerson shall be corrected if records indicate any errors. Kilgore shall <br />reimburse Parkerson for actual expense of any records review in the event correction action results <br />in any increase in the Lease Payment in excess of $14,0oo. <br />18. Kilgore Representations Warranties and Covenants. Kilgore hereby represents and <br />warrants to Parkerson that the statements contained in this Section are true and correct. <br />(a) Authorityand Enforcement of the Agreement. Kilgore has all requisite <br />power and authority, and has taken all action necessary, to execute and deliver this Lease and to <br />perform its obligations hereunder. This Lease has been duly authorized, executed and delivered <br />by Kilgore, and this Lease constitutes the legal, valid and binding obligations of Kilgore, <br />enforceable against Kilgore in accordance with its terms. <br />(b) No Breach. The execution and delivery of this Lease and the Lease of the <br />Properties as contemplated hereby do not and will not result in any violation of any applicable law, <br />statute, rule, regulation, or any judgment, order, writ or decree of any court or governmental <br />authority. <br />(c) Licenses and Permits. Kilgore has, or will have beginning on the <br />Commencement Date and for the remainder of the Term, obtained all licenses, permits, approvals, <br />and authorizations required from all governmental authorities having jurisdiction over the <br />Properties (including any applicable bonding required), or from private parties for the intended <br />use, operation and occupancy of the Properties. <br />19. Parkerson Representations Warranties and Covenants. Parkerson hereby <br />represents and warrants to Kilgore that the statements contained in this Section are true and correct. <br />(a) Authori and Enforcement of the A Bement. Parkerson has all requisite <br />power and authority, and has taken all action necessary, to execute and deliver this Lease and to <br />perforin its obligations hereunder. This Lease has been duly authorized, executed and delivered <br />by Parkerson, and this Lease constitutes the legal, valid and binding obligations of Parkerson, <br />enforceable against Parkerson in accordance with its terms. <br />(b) No Breach. The execution and delivery of this Lease and the Lease of the <br />Properties as contemplated hereby do not and will not result in any violation of any applicable law, <br />C: IATTYUV1PerBroU & OM190reMIN-Pit Mining Lease Agm-7-12-17-cleamdoex Page 10 of 18 <br />
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