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2021-04-09_REVISION - M2012004
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2021-04-09_REVISION - M2012004
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Last modified
12/28/2024 8:45:45 AM
Creation date
4/12/2021 6:46:53 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M2012004
IBM Index Class Name
REVISION
Doc Date
4/9/2021
Doc Name
Adequacy Review Response
From
Superior Oilfield Servoces, Co.
To
DRMS
Email Name
ECS
Media Type
D
Archive
No
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Lessee shall each be entitled to share in the award to the extent of their respective interests in the Property <br /> with respect to any taking. In the event only a portion of the Property is taken, and if notwithstanding <br /> such taking Lessee will be able to continue to conduct its business in the remainder of the Property in <br /> substantially the manner it was being conducted immediately prior to such taking, this Lease shall cease <br /> only as to the part taken. If, however, by reason of the condemnation there is not sufficient property left <br /> in or upon the Property for Lessee to conduct its business in substantially the manner in which it was <br /> being conducted immediately prior to such taking, then and in such event this Lease shall terminate. All <br /> condemnation awards on account of the interest of the Lessor shall be paid to the Lessor and all awards <br /> on account of Lessee's leasehold interest shall be paid to Lessee. The allocation of any lump sum award <br /> for any taking between Lessor and Lessee shall be made by agreement between them, if possible, or if the <br /> parties cannot agree, then by arbitration, taking into account (i)the value of Lessor's interest in the <br /> property affected by such taking and under this Lease, and(ii)the value of Lessee's interest therein under <br /> the Lease. <br /> Section 15.4 Non-Business Day Deadlines. If a date for notice, performance or payment falls <br /> on a holiday or weekend,the time for perfornance or payment shall be extended to the next business day, <br /> and if notice,performance or payment has occurred on such weekend or holiday or after 5:00 p.m. on any <br /> business day, it shall be deemed to have occurred on the next business day. <br /> Section 15.5 Confidentiality, Recording. The Parties agree that the terms and conditions of <br /> this Lease are confidential and shall not be disclosed to any third party without the consent of the other. <br /> Neither Party shall record this Lease without the consent of the other. The Parties agree to execute a short <br /> form lease for recording to provide record notice of this Lease without disclosing the economic terms <br /> hereof. <br /> Section 15.6 Headings. The headings of the Sections of this Lease are for convenience of <br /> reference only and arc not a part of the substantive provisions of this Lease. <br /> Section 15.7 Further Instruments. Each Party shall from time to time execute and deliver such <br /> further instruments as the other Party or its counsel may reasonably request to effectuate the intent of this <br /> Lease. <br /> a. Entire Agreement; Amendments; Waiver. This Lease supersedes all prior <br /> agreements between the Parties relating to the Property and constitutes the entire agreement thereof. No <br /> amendment or modification of this Lease shall be binding on either Party unless made in writing and <br /> duly executed by both Parties. Failure of either Party to insist in any one or more instances upon the <br /> strict performance of any terms, covenants, conditions or obligations of this Lease, or to exercise any <br /> right, remedy or election contained in this Lease, shall not be construed as a waiver or relinquishment <br /> for the future of the performance of such one or obligations of this Lease or of the right to exercise such <br /> right, remedy or election, but the same shall continue and remain in full force and effect with respect to <br /> any subsequent breach, act or omission. <br /> Section 15.8 Choice of Law; Construction. This Lease was drafted jointly by the Parties, and <br /> shall be construed and enforced in accordance with the laws of the State of Colorado. The language in all <br /> parts of this Lease shall in all cases be construed as a whole according to its fair meaning and not strictly <br /> for or against either Party. <br /> Section 15.9 Counterparts. This Lease may be executed in one or more counterparts, each of <br /> which shall be deemed an original and all of which together shall constitute one and the same Lease. This <br /> Lease may be executed by facsimile or electronic signatures. <br /> 11 <br />
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