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such termination,shall be entitled to refund of the entire$0 paid by the Company upon execution <br /> of this Lease_ <br /> c. Lessor shall not enter into any oil and gas or other mineral leases or other <br /> agreements regarding oil and gas or other mineral operations of the Property during the Term of this <br /> Lease,except under conditions which prohibit surface entry or occupancy and interference in any <br /> manner with the Company's operations on the Property. <br /> d. Lessor represents to the best of its information and knowledge that the <br /> Property constitutes a legal parcel under applicable law and that no subdivision approval is required <br /> for the Company's operations on the Property or for the granting of this Lease. <br /> 9. Taxes. During the term of this Lease, the Company shall pay when due all ad <br /> valorem property taxes assessed on the production, severance or extraction of Materials from the <br /> Property. In addition,the Company shall pay all personal and real property taxes assessed against <br /> machinery,tools,equipment,supplies,buildings,improvements,pipelines,stockpiles ofMatetials, <br /> and other property and/or fixtures placed by Company on the Property. Lessor shall pay all otherreal <br /> property taxes on the Property and on any improvements thereon, including without limitation, <br /> improvements that Lessor installs on the Property for Lessor's own purposes, and any taxes <br /> attributable to the Sales Royalty or to Lessor's leasing or other use of the surface estate. <br /> 10. Labor andMaterials.The Company agrees to keepthe Property free and clear oflxans, <br /> charges,claims or demands arising from the Company's operations hereunder and to promptlypay <br /> for all labor performed on the Property and for all supplies,materials,and equipment used or placed <br /> on the Property. The Company shall defend,indemnify and hold harmless Lessor from and against <br /> any and all claims,charges,demands,causes of action,damages and liability,including reasonable <br /> attorneys fees and expert fees, that arise from or are connected to the acts or omissions of the <br /> Company hereunder or to those of its contractors, subcontractors, employees, officers, agents or <br /> lessees in regard to providing labor and acquiring or installing materials,equipment and supplies for <br /> operations under this Lease, The Company may contest in good faith any lien;provided that the <br /> Company shall not allow title to the Property or any portion of it to be lost" <br /> 11. Termination. <br /> a. Lessor shall have the right at Lessor' option to terminate this Lease if the <br /> Company fails to perform any of its obligations hereunder as follows: <br /> i. If the Company fails to pay when due any amounts to be paid <br /> hereunder,Lessor may at Lessor's option give the Company written notice of such failure and the <br /> Company shall have thirty(30)days from the date it receives notice to pay the amounts owed to <br /> Lessor. if the Company fails to pay the past due amounts to Lessor within the thirty(30)day period, <br /> Lessor may at Lessor's option declare the Company in default and terminate this Lease. <br /> ii. If the Company defaults in the performance of any obligation <br /> hereunder other than the obligation to pay money when due, Lessor may at Lessor's option give <br /> CAAT7 U.rvltImchVIy Banat/ff4e-G&vat.wpd Page 5 <br />