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Tenant shall submit a request for Use by Special Review to the City of <br /> Greeley and diligently pursue approval of such request. <br /> C. Approval by the Department of Minerals and Geology. Within thirty (30) <br /> days after the Tenant receives approval of the Development Plan from the <br /> City of Greeley, the Tenant shall submit a request for approval of the <br /> Department of Minerals and Geology for the Tenant's mining plan and <br /> reclamation plan. <br /> d. Commencement of Mining Operations. Mining operations on the Property {� <br /> shall begin on or before June 1, 2000, unless Landlord shall have provided, <br /> a written extension. <br /> 25. Agreement Concerning Water Augmentation. During the Term of this Lease, the <br /> Tenant shall obtain water for use by the Tenant for its operations from the City of <br /> Greeley. The Tenant shall prepare and administer a Temporary Substitute Supply <br /> Plan to accommodate any evaporative or other loss due to the Tenant's operations. <br /> After termination of this Lease, the Landlord shall be responsible for augmentation <br /> requirements imposed by the State of Colorado. <br /> 26. Attorney's Fees. In the event of a dispute between the parties regarding this <br /> Lease, the Property, or the Sand, Gravel and Aggregate Mining Activity that results <br /> in litigation, the prevailing party shall be awarded its reasonable court costs and <br /> attorney's fees in connection with such lawsuit. <br /> 1 <br /> 27. Lease Memorandum To Be Recorded. Upon the execution and delivery of this <br /> Lease, the parties shall also execute, deliver and record a written Memorandum <br /> hereof. <br /> 28. Miscellaneous. <br /> a. This Lease shall inure to the benefit of and shall be binding on the legal <br /> representatives, successors and assigns of the parties. <br /> b. Time is of the essence in all provisions of this Agreement. <br /> C. Colorado Law shall be used in the interpretation and construction of this <br /> Agreement and the resolution of all disputes hereunder. <br /> 16 <br />