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IIIIII IIIII 11111 HE 111111111111111111111111111111111 IN <br /> 3216932 09/08/2004 02:10P Weld County, PO <br /> 4 of 11 R 56.00 0 0.00 Steve Moreno Clerk& Recorder <br /> 11. Indemnity Against Claims of Others. The Tenant shall fully indemnify and hold <br /> the Landlord harmless from any demand, claim or cause of action for personal injury, death or <br /> property damage brought against the Landlord by a person or entity not a party hereto (but not a <br /> successor, assignee, grantee, employee or tenant of the Landlord) arising out of or connected with <br /> any operations or activities conducted or performed hereunder by the Tenant or its successors, <br /> tenants, agents, employees or assigns. The obligation to indemnify shall not include payment of <br /> the Landlord's attorneys'fees so long as the Tenant provides competent counsel to represent the <br /> Landlord in the action. The Tenant shall have full control of any litigation covered by the <br /> indemnity, with right to settle or compromise, and the Landlord shall cooperate fully in any such <br /> litigation, settlement or compromise. The Landlord shall give the Tenant written notice of the <br /> assertion against the Landlord of any matter covered by the indemnity, promptly after such <br /> assertion is first made. <br /> 12. Removal of Improvements and Equipment. All structures, personal property <br /> and equipment placed on the Property by Tenant shall remain the property of Tenant. <br /> On termination of this lease for any cause, Tenant shall have the right to remove all <br /> its improvements and equipment, except water well casing, fences, gates, and cattle guards. The <br /> right to remove its improvements and equipment however, shall include any sand, gravel and <br /> aggregate mined and produced, but not removed on the date of termination, all subject to <br /> payment of royalties provided in this Lease. <br /> 13. Default by Tenant. If any default occurs in the performance of any term or <br /> condition of this Lease by Tenant, Landlord shall have the right to give a 60-day notice in writing <br /> to Tenant, demanding the correction or removal of the default. If Tenant fails to correct or <br /> remove the default within this period, Landlord may, at Landlord's option, terminate this Lease. <br /> If this Lease is terminated by Landlord pursuant to this section, each party shall <br /> have their rights and remedies provided by law or in equity. Notwithstanding such termination, <br /> Tenant shall have six (6)months after the termination within which to remove any plant, <br /> structures, or equipment placed on the Property by Tenant. <br /> 14. Permits. The Tenant shall be responsible for applying for all permits necessary to <br /> obtain legal permission to conduct its mining operations including a reclamation plan. The <br /> Landlord, for itself, its successors and assigns, agrees to cooperate in all reasonable ways in <br /> Tenant's efforts to obtain such permits and agrees to furnish, without cost, all information <br /> regarding the Property which it has insofar as such information relates to sand, gravel, aggregate <br /> and other materials. <br /> Tenant shall be solely responsible for all costs and fees of obtaining the necessary permits <br /> for its proposed mining operations and reclamation, which shall be the sole and separate property <br /> of Tenant. Once such permits are granted, the Tenant shall not amend the permits without the <br /> permission of the Landlord. <br /> - 4 - <br /> M1997-058 EXHIBIT B <br />