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record and reservations of right of way for ditches or canals constructed by the authority <br />of the United States contained in the original federal patent for any portion of the <br />Property (collectively, "Title Restrictions"'). Subject to 'these Title Restrictions, and <br />subject to any constraints imposed by applicable federal, state and local laws, rales and <br />regulations, Lessor further warrants and covenants that Lessee shall have the right to <br />extract sand and gravel from the Property and otherwise use and occupy the Property as <br />set forth in this Lease without interference. This warranty does not apply to any permit <br />conditions or other governmental restrictions, conditions, approvals or the like that <br />Lessee must obtain or satisfy for Lessee to conduct the Business on the Property under <br />this Lease, compliance with which are Lessee's sole obligation, responsibility and <br />expense, except as otherwise expressly stated in this Lease. <br />6. Lessee's Operations and Expenses. <br />6.1 Lessee shall pay before delinquent (whether due before, during, or after the Term) <br />all taxes of every nature related to the Business or removal of Common Materials <br />from the Property, including without limitation all personal property taxes and <br />any and all inventory taxes which may be imposed on or incurred by Lessee <br />during the Term, all taxes on Lessee as an employer, any applicable severance <br />tax, and any taxes on Lessee's operations under this Lease, including without <br />limitation taxes imposed as a result of such operations being taxed as a producing <br />mine. <br />6.2 Lessee shall pay all charges for electricity, gas, domestic water, and other utilities <br />utilized for the Business, except for charges related to Water Rights, which are <br />addressed in subsection 6.8. Lessor shall not be liable for any interruption or <br />discontinuance of utility service to the Property or! Lessee's operations, unless <br />caused by the negligent or intentional act or omission of Lessor or Lessor's <br />representatives. <br />6.3 Lessee shall conduct its operations under this Lease in compliance with all <br />applicable laws, ordinances, regulations and orders of any courts and <br />governmental entities and agencies having jurisdiction, over such operations or the <br />Property (including without limitation all laws and regulations pertaining to mine <br />safety and health, and environmental and operational laws and regulations <br />regulating waste and waste water production, removal, storage, transportation and <br />disposal), and in compliance with the Title Restrictions. <br />6.4 Lessee shall pay before they become delinquent alJ costs and expenses of its <br />operations on the Property, together with all governmental fees, charges and taxes <br />upon or related to the Business. <br />6.5 Lessee shall keep the Property free of liens for labor performed or materials or <br />merchandise furnished for use on the Property under this Lease. <br />6.6 Lessee is specifically allowed to use the existing paved road on the Property for <br />trucks and other traffic necessary or convenient for the Business. Lessee shall not <br />�I <br />