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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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17.1.I.Monetary Default: If Tenant fails to make any payments when due hereunder, <br /> Landlord may at Landlord's option give Tenant written notice of such failure and <br /> Tenant shall have thirty (30) days from the date it receives notice to pay the amounts <br /> owed to Landlord or any third party. If Tenant fails to pay the past due amounts to <br /> Landlord or any third party within the thirty (30) period, Landlord may at <br /> Landlord's option declare Tenant in default and terminate this Lease. <br /> 17.1.2.Non-Monet4ry Default: If Tenant defaults in the performance of any obligation <br /> hereunder other than the obligation to make payments when due, Landlord may at <br /> Landlord's option give written notice of such default to Tenant, and Tenant shall <br /> have thirty (30) days from the date it receives such notice to cure the default. If <br /> Tenant fails to cure the default within the thirty day period, Landlord may at <br /> Landlord's option terminate this Lease, provided, however, that if the default is <br /> minor and the default can be fully compensated for in damages, then such default <br /> shall not be a basis for cancellation or forfeiture of this Lease or any of Tenant's <br /> rights hereunder if Tenant pays the full amount of damages within thirty (30)after <br /> demand by Landlord. If, through no fault of Tenant, such failure is impracticable to <br /> correct within the thirty (30) day period, Landlord shall have no right to terminate <br /> this Lease if Tenant commences in good faith to correct the failure and provided that <br /> Tenant diligently pursues and completes the connection within a reasonable time. <br /> 17.1.3.Landlord Right to Cure: Landlord may cure any default of Tenant by expending <br /> funds or by any other actions. If Landlord takes any such actions, Tenant will <br /> promptly, upon demand, reimburse Landlord for all of Landlord's expenses. <br /> 17.2.Default by Landlord: Tenant shall have the right, at Tenant's option, to terminate this <br /> Lease if: <br /> 17.2.1.Non-Performance of Landlord Covenants and Obligations: Landlord fails to <br /> perform any of its covenants and obligations set forth in this Lease in a timely <br /> manner. <br /> 17.3.Tenant's Continued Obligation for Performance: Upon termination of this Lease for any <br /> reason, Tenant shall continue to be liable for the performance of all obligations and the <br /> satisfaction of all liabilities to Landlord including, but not limited to, the payment of <br /> Royalty Sales which have accrued prior to the date of termination and the compliance <br /> with all laws, regulations, and Permit conditions that apply to the Leased Premises and <br /> the operations on the Leased Premises including, but not limited to all reclamation, <br /> environmental and land use Laws, regulations and Permit conditions. <br />
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