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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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29. Counterparts: This Lease may be executed in one or more counterparts, each of which shall <br /> be deemed an original and all of which together shall constitute one and the same Lease. <br /> 30. Authorization: Each Party warrants and represents to the other that such Party has taken all <br /> actions necessary-to make this Lease a valid obligation binding upon the Party, and that all <br /> requirements of any applicable charter, ordinance, statute, or constitutional sprovision <br /> regarding the approval and execution of the Lease have been met. Each-Party further <br /> warrants and represents that each person signing the Lease on its behalf is duty authorized to <br /> sign this Lease and to bind that Party to the covenants and obligations stated in this Lease. <br /> 31.Negotiation of Partnership: Nothing in thip Lease shall be construed to render the Landlord in <br /> any way or for any purpose a partner,joint venture or associate with Tenant or to make any <br /> legal relationship other than that of Landlord and Lessee, nor shall this Lease be construed to <br /> authorize either to act as agent for the other unless expressly stated to the contrary in this <br /> Lease. <br /> 32. Applicable Law: This Lease shall be governed by and construed in accordance with the laws <br /> of the State of Colorado. The Parties agree that jurisdiction and venue shall be proper and <br /> any'action shall be brought in the courts of Eagle County, Colorado. <br /> 33. Attorney Fees: In any legal action or proceeding between the Landlord and Tenant <br /> concerning this Lease, each party shall be responsible for its own legal fees and costs. <br /> 34. Force Maieure: If Tenant is prevented from drilling or conducting other operations for the <br /> purpose of obtaining or restoring production of aggregate from the Leased Premises by fire, <br /> flood, storm, act of God, or any cause beyond Tenant's control (including, but not limited to <br /> governmental law, order or regulation, labor disputes, war, inability to secure men, materials <br /> or transportation, or inability to,secure a market) then the performance of any such operations <br /> shall be suspended during the period of such prevention, provided that this provision shall <br /> not suspend nor delay the time for the payment of any payments payable under the provisions <br /> of this Lease. ' <br /> 35. Alternative Dispute Resolution: If a dispute arises from or relates to this Lease or the breach <br /> thereof, and if the dispute cannot be settled through direct discussions, the parties agree to <br /> endeavor first to settle the dispute by mediation administered by the American Arbitration <br /> Association under its Commercial Mediation Procedures before resorting to arbitration. The <br /> parties further agree that any unresolved controversy or claim arising out of or relating to this <br /> Lease, or breach thereof, shall be settled by arbitration administered by the American <br /> Arbitration Association in accordance with its Commercial Arbitration Rules and judgment <br /> on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction <br /> � G� <br />
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