2018-10-24_PERMIT FILE - M2018055 (6)

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c) Automobile Liability Insurance in the amount of$1,000,000 combined single limit; d) Adequate and reasonable insurance for other risks ordinarily insured against in similar operations including an umbrella policy. 13.3.Periodic Coverage Revaluations: The insurance coverage's listed in Paragraph 13.2 shall be periodically evaluated by Tenant to assure that minimum coverages customary in the industry and applicable to new operations by Tenant are in place also as to this Lease and the Leased Premises. 13A.Mandated Contractor Insurance Requests: Tenant agrees that it shall require all Independent Contractors, Contractors and Subcontractors who perform work in connection with the Leased Premises to have similar and adequate insurance in full force and effect. 14. Title 14.1.Landlord Title Representations: Landlord warrants that Landlord owns the surface estate and the Materials within the Leased Premises, and Landlord agrees to defend said title against all adverse claims of those claiming by, through or under Landlord. Landlord does not warrant ownership of mineral rights other than the Materials or any portion of the mineral estate or claims of record other than those created or suffered by, through or under Landlord. Landlord has supplied Tenant with a copy of Title Commitment No. 454-HO504170-610-ETC) from Heritage Title Company, Inc. for the Leased Premises ("Title Commitment"), copies of all instruments referenced or giving rise to exceptions or -requirements in the Title Commitment and copies of all existing surveys, plats, abstracts, reports or other documents in Landlord's possession or control relating to the Leased Premises (collectively, the "Title Documents"). 14.2.Annroval of Legal Descriptions and Title Exceptions by Tenant: Tenant hereby approves the legal description of the Leased Premises set forth in Schedule A to the Title Commitment and those exceptions to title expressly set forth in Schedule B Section 2 attached hereto, as disclosed by the Title Commitment ("Permitted Exceptions"), and agrees to accept leasehold title thereto subject to the Permitted Exceptions. If Tenant hereafter determines that Landlord's title to the Leased Premises and Materials is not good and marketable due to matters not listed as Permitted Exceptions, Tenant shall so notify Landlord in writing, in which case Landlord, at Landlord's cost, shall correct the specified title defects. If any such title defects which render the title unmarketable or adversely affect Tenant's right to mine are not cured within sixty (60) days after receipt of such notice, Tenant, at its option, may terminate this Lease without any further obligation to Landlord or, at its option, may resolve the adverse claim and deduct the costs incurred from payments otherwise due Landlord. Tenant shall, as part of such . "lL- .