2021-04-20_PERMIT FILE - M2021020 (4)

Home Browse Search

resulting from or connected with the activities of Kraemer on the Property pursuant to this Agreement or resulting fi-om the use or misuse of the Property by Kraemer, its agents or employees. However, Kraemer shall not be required to indemnify or save harmless Seller or his agents, heirs, successors, assigns, relatives and employees from costs or damages to the extent resulting from the negligence or intentional acts of'Seller or his agents,contractors, invitees, trespassers, heirs, successors, assigns, or employees. 16. Taxes. 16.1 Seller shall be responsible for and pay any and all mineral,extraction or sales taxes due for all Materials mined or extracted from the Property (if any). 16.2 Kraemer shall be responsible for all employment-related taxes such as occupational taxes that arise as a result of its extracting operation. 16.3 Seller shall be and remain responsible for income taxes for royalties paid and for all property taxes. special assessments, mortgages, lease payments,royalties, and all other taxes,duties, liens or encumbrances related to the Property during the teen of this Agreement. 17. Insurance. Kraemer shall, at its own expense, maintain policies of insurance written by one or more companies which will insure Kraemer against liability for injury to or death of persons or loss of or damage to property occurring in or about the Property. The liability coverage under such insurance shall be in the minimum amount of One Million Dollars per injury and One Million Dollars per occurrence and property damage in the amount of One Million Dollars. Kraemer shall also maintain automobile liability insurance in the amount of'One Million Dollars. Kraemer shall provide Seller a certificate of insurance showing such coverage. The Seller will be named an additional insured. 18. Licenses and Permits. Except as otherwise set forth herein, Seller shall be responsible for obtaining all licenses, permits and other such approvals required by applicable governmental entities. Seller agrees to cooperate fully with Kraemer to obtain and maintain any permits to implement the terns of this Agreement. 19. Default. 19.1 The failure of Kraemer to make any payment due at the time and in the marine]- provided or a failure to perform the material covenants and conditions on the pall of Kraemer to be kept and performed, in the manner and at the times specified, shall constitute a default by Kraemer and shall, at the option of Seller, be cause for termination. 19.2 If Seller fails to perform each and all of the covenants and conditions,on the part of the Seller to be kept and performed, in the manner and at the times specified, such shall constitute a default by Seller and shall, at the option of Kraemer,be cause for termination. 19.3 In the event of such exercise of the option to terminate this Agreement by either party, the non- defaulting party shall mail a notice to the defaulting party stating that this Agreement shall be terminated within sixty(60) days from the date of mailing of said notice. If, within said sixty (60)day period, the default is not corrected, this Agreement shall terminate. In such event, the aggrieved party may pursue specific performance or money damages at their option in the District Court for the County where the Property is located.