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2018-02-23_REVISION - M1978323
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2018-02-23_REVISION - M1978323
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Entry Properties
Last modified
6/16/2021 2:12:49 PM
Creation date
2/27/2018 7:24:54 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1978323
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
SO1
Email Name
ACY
GRM
Media Type
D
Archive
No
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precautions in making sure the Properties are maintained in a safe and orderly condition at all times <br />throughout the Term. However, Kilgore is under no obligation to maintain snow removal through <br />the winter months. Kilgore shall operate Kilgore's operations and use and occupy the Properties <br />in strict accordance with applicable federal, state and local statutes and regulations and code. <br />Kilgore shall defend and indemnify Parkerson for any claim, loss, or demand arising out of the <br />failure to perform the requirements of this paragraph pursuant and subject to the Indemnity <br />Provision of this Lease. <br />7. Mechanic's Liens. Kilgore shall pay all costs for work done by or for Kilgore on <br />the Properties, and Kilgore shall keep the Properties free of all mechanic's liens and other liens on <br />account of work done for Kilgore. Kilgore shall indemnify, defend and hold Parkerson harmless <br />from and against any and all liability, loss, damage, costs, attorneys' fees and all other expenses <br />on account of claims of lien or laborers or materialmen or others for work performed or materials <br />or supplies furnished to or for Kilgore or persons claiming under Kilgore. <br />8. Reclamation. <br />(a) Kilgore shall, at the expiration of the term of this Lease or upon other <br />termination of this Lease, surrender the Properties to Parkerson, subject to its reclamation <br />obligations as set forth in this Paragraph. <br />(b) After expiration or termination of this Lease, or after Kilgore has fully <br />mined out the Properties, whichever comes first, Kilgore shall commence the reclamation of the <br />Properties and shall complete the reclamation of the Properties with due diligence at Kilgore's sole <br />expense in accordance with the approved Reclamation Plan and the terms of the Mining Permits. <br />The period from the expiration or termination of this Lease until the completion of reclamation of <br />the Properties and release of Kilgore's reclamation bond shall be referred to as the "Reclamation <br />Period." Kilgore shall have the right of access to the Properties during the Reclamation Period to <br />Perform and complete the reclamation work. When the reclamation work is completed, Kilgore <br />shall obtain approval from the necessary governmental agencies that the work has been completed <br />in accordance with the approved Reclamation Plan and shall obtain the release of any reclamation <br />bond that was given in connection with the Reclamation Plan. At the conclusion of the reclamation <br />work and upon release of the reclamation bond, the Properties will be surrendered to Parkerson in <br />the condition agreed under the approved Reclamation Plan. The Parties agree that as part of the <br />reclamation work, Kilgore will backfill the 23 %a Road East Pit as set forth in Paragraph 8(e). No <br />revegetation of the Property shall be required as part of the reclamation work except as may be <br />required under the Mining Permits. Kilgore shall use its best efforts to complete reclamation of <br />20% of the Properties by the time each has been 50% mined out and release such 24% from this <br />Lease. <br />(c) All Products stockpiled on the Properties, excluding overburden, as of the <br />date of the termination or expiration of the term of this Lease shall either be removed from the <br />Properties during the Reclamation Period or shall be incorporated into any reclamation work done <br />by Kilgore on the Properties. Kilgore shall have access to the Property to remove the Products <br />from the Properties during this time period. Product Royalties on the stockpiled Products shall be <br />C AATTYUWarBrolA & GWAgoreWultt-Pit Mining Lease Agm-7-12-17-dem.docx Page 5 of 18 <br />
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