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

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Assignment and work with Landlord, in the decision of a different operator or sale of Lease as long as Landlord agrees in its sole determination, if requested by such lender, to work with Lender in the selection of a new operator of Tenant's business being conducted on the Leased Premises. Landlord may continue to keep the loan payments current on both the term note and the line of credit, until the loan default is resolved. 21.2.1-ease Binding on Successors and Assigns: The provisions of the lease Shall extend to and be binding upon the heirs, personal representatives, successors, assigns and sub- lessees of Landlord and Tenant. 22. Notice: Notice of default or of cancellation or termination of this Lease and all other notices required or permitted hereunder shall be given by personal delivery or by registered or certified mail, postage prepaid, addressed to the parties as follows: If to Tenant: Eagle Rocks Aggregate, Inc. P.O. Box 4260 Eagle, CO 81631 If to the Landlord: Vail Valley Ranch Partners P.O. Box 424 Wolcott, CO 81655 23. Condemnation: If the whole or any part of the Leased Premises shall be taken by any public authority under the power of eminent domain at any time during the Term of this Lease, Landlord and Tenant shall each be entitled to share in the award to the extent of their respective interests in the Leased Premises with respect to any taking. In the event only a portion of the Leased Premises is taken, and if not withstanding such taking Tenant will be able to continue to conduct its business in the remainder of the Leased Premises in substantially the manner it was being conducted immediately prior to such taking, this Lease shall cease only as to the part taken. If, however, by reason of the condemnation there is not sufficient property left in or upon the Leased Premises for Tenant to conduct its business in substantially the manner in which it was being conducted immediately prior to such taking, then and in such event this Lease shall terminate. All condemnation awards on account of the interest of the Landlord shall be paid to the Landlord and all awards on account of Company's leasehold interest shall be paid to Company. The allocation of any lump sum award for any taking between Landlord and Company shall be made by agreement between them, if possible, or if the parties cannot agree; then by arbitration pursuant to Rules of the American Arbitration Association, taking into account (1) the value of Landlord's interest in the property affected by such taking and under their Lease, and (2) the value of Company's interest therein under the Lease.