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L To pay all charges for water and water rents, and for heating and lighting of the
<br /> building in which said premises are located.
<br /> V. General Provisions.
<br /> a. No assent, express or implied, to any breach of any one or more of the agreements
<br /> hereof shall be deemed or taken to be a waiver of any succeeding or other breach.
<br /> Any payment by Cornerstone, or acceptance by EZ Enterprises, LLC, of a lesser
<br /> amount than due shall be treated only as a payment on account. Further, failure of
<br /> the EZ Enterprises, LLC to timely bill for taxes, insurance or repairs, as required
<br /> herein, shall not be deemed a waiver of the Cornerstone's liability to pay same.
<br /> b. If, after the expiration of this lease, the Lessee shall remain in possession of the
<br /> premises and continue to pay rent without a written agreement as to such
<br /> possession, then such tenancy shall be regarded as a month-to-month tenancy, at
<br /> the same rental amount as set forth hereunder, and subject to all the terms and
<br /> conditions of this lease.
<br /> c. If Cornerstone breaches this lease and/or this lease terminates prior to full payment
<br /> of the Additional Rent Payment set forth in Section III. (b) above, the remaining
<br /> balance of said Additional Rent Payment shall be due in full upon termination.
<br /> d. EZ Enterprises, LLC reserves the right but not the obligation to graze cattle on any
<br /> part of the Property which is not at that time currently being mined and/or
<br /> reclaimed,subject to all terms and conditions of any and all applicable state permits
<br /> governing the mining operation.
<br /> e. The Parties acknowledge that there is no security deposit paid by Cornerstone or
<br /> held by EZ Enterprises, LLC.
<br /> f. If any part of the rent provided to be paid herein is not paid when due, or if any
<br /> default is made in any of the agreements or performances agreed to by Cornerstone,
<br /> it shall be lawful for EZ Enterprises, LLC to declare the term ended, and to enter
<br /> into the premises, either with or without legal process,and to remove Cornerstone
<br /> or any other person occupying the premises,using such force as may be necessary,
<br /> without being liable to prosecution, or in damages therefor, and to repossess the
<br /> premises free and clear of any rights of Cornerstone. If, at any time, this lease is
<br /> terminated under this paragraph, the Lessee agrees to peacefully surrender the
<br /> premises to the EZ Enterprises, LLC immediately upon termination, and if
<br /> Cornerstone remains in possession of the premises, Cornerstone shall be deemed
<br /> guilty of forcible entry and detainer of the premises, and, waiving notice, shall be
<br /> subject to forcible eviction with or without process of law.
<br /> g. In the event of any dispute arising under the terms of this lease, or in the event of
<br /> nonpayment of any sums arising under this lease and in the event the matter is
<br /> turned over to an attorney, the party prevailing in such dispute shall be entitled, in
<br /> addition to other damages or costs, to receive reasonable attorney's fees from the
<br /> other party.
<br /> h. In the event any payment required hereunder is not made within ten(10)days after
<br /> the payment is due,a late charge in the amount of five percent(5%)of the payment
<br /> will be paid by the Lessee.
<br /> i. In the event of a condemnation or other taking by any governmental agency, all
<br /> proceeds shall be paid to EZ Enterprises,LLC hereunder,with Cornerstone waiving
<br /> all right to any such payments.
<br /> j. This lease is made with the express understanding and agreement that, in the event
<br /> -Cornerstone becomes insolvent, or is declared a bankrupt,then, in either event,the
<br /> EZ Enterprises, LLC may declare this lease ended, and all rights of the Lessee
<br /> hereunder shall terminate and cease.
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