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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, rules 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 all 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 /> 5 <br />