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2018-10-24_PERMIT FILE - M2018055 (6)
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2018-10-24_PERMIT FILE - M2018055 (6)
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Last modified
1/4/2025 6:54:15 AM
Creation date
10/24/2018 2:32:15 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M2018055
IBM Index Class Name
Permit File
Doc Date
10/24/2018
Doc Name
Application
From
Eagle Rocks Aggregate
To
DRMS
Email Name
SJM
WHE
Media Type
D
Archive
No
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7.5. Specific Tenant Operating Covenants: Tenant shall follow the conceptual Mine Phasing <br /> Plan and the phasing set forth in such plan which is attached hereto as Exhibit C and <br /> incorporated herein by reference, subject to revisions from time to time as agreed upon <br /> by Landlord and Tenant. Tenant agrees to bear the costs associated with the relocation <br /> of any existing power lines, high pressure gas lines, fiber optic lines and other similar <br /> installations and agrees that the realignment and relocation of these facilities will be <br /> within 100 and 200 lineal feet east or west of where they are currently located. Tenant <br /> acknowledges that Landlord is not responsible for upgrading any of the utilities located <br /> on the Leased Property. <br /> 7.6. Liability for Damages: Tenant is liable for any damages arising from or caused by <br /> Tenant's operations under the Lease, including injury to Landlord,employees, agents or <br /> representatives of Tenant, licensees, invitees,and surface owners,and for any damage to, <br /> or destruction of property caused by Tenant's operations under this Lease. <br /> 7.7. Indemnification: Tenant agrees to indemnify,protect,defend and hold harmless Landlord <br /> from any legal claims or liability asserted or filed against Landlord which arise from any <br /> actions,inactions or operations of Tenant under this Lease. <br /> 8. Landlord Covenants <br /> 8.1. Tenant Access and Right to Inspect Lease Premises: Tenant shall have the right to enter <br /> upon the Leased Premises while its efforts in connection with the Permits are proceeding <br /> in order to conduct such further drilling, bulk sampling, test pitting, material testing, <br /> investigation of the environmental condition of the Leased Premises and such other <br /> inspections of the Leased Premises. Any costs associated with obtaining and building <br /> access, acceleration and deceleration lanes from US Highway 6 servicing the property <br /> shall be borne by the Tenant. <br /> 8.2. Tenant Operating Rights: Tenant (and any subsidiaries) shall have the right to construct, <br /> maintain, and use roads,pipe lines, power lines,telephone lines, and stockpile areas and <br /> any right-of-way it deems necessary or desirable for its operations on the Leased <br /> Premises related to Tenant's operations under this Lease. Tenant shall have the right <br /> during the Term of the Lease and without payment to Landlord (except for Sales <br /> Royalties pursuant to 5.1.2) to strip and remove overburden and otherwise to use and <br /> occupy the Leased Premises as is reasonably required in connection with mining, <br /> quarrying, excavating, processing, storage, transportation, sale and removal of Materials <br /> from the Leased Premises. Tenant shall have the right to operate and/or sublet at any <br /> time during the Term of the Lease either or both an asphalt hot plant and a concrete <br /> batch plant. The conceptual Mine Phasing Plan demonstrating the presently <br /> contemplated sequence in which mining will occur as to various portions of the Leased <br /> Premises attached hereto as Exhibit C is mutually agreeable to the parties. Such phasing <br /> plan is incorporated into this Lease and the parties recognize and acknowledge, however, <br /> that the phasing plan is subject to revision as warranted by Permit requirements, actual <br /> � G <br />
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