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satisfactory to the Company. If the Company cannot,after exercising <br /> reasonable diligence,obtain such permits on terms reasonably <br /> satisfactory to the Company within one year after commencement of <br /> this Lease,then the Company may,at its election, terminate this Lease <br /> by notice to the Lessor and,upon such termination, shall be entitled to <br /> refund of the entire amount, if any,paid by the Company upon <br /> execution of this Lease. <br /> This Lease shall be subject to any and all existing and/or subsequent <br /> oil and gas or other mineral leases or other agreements regarding oil <br /> and gas or other mineral operations of the Property during the Term of <br /> this Lease. If the whole or any part of the Property is affected by any <br /> oil and gas production at any time during the term of this Lease, <br /> Lessor and the Company shall each be entitled to share in the award to <br /> the extent of their respective interests in the Property with respect to <br /> any damages or losses. In the event only a portion of the Property is <br /> affected, and if notwithstanding such production the Company will be <br /> able to continue to conduct its business in the remainder of the <br /> Property in substantially the manner it was being conducted <br /> immediately prior to such production,this Lease shall cease only as to <br /> the part affected. If, however, by reason of the oil and gas production <br /> there is not sufficient property left in or upon the Property for the <br /> Company to conduct its business in substantially the manner in which <br /> it was being conducted immediately prior to such production,then and <br /> in such event this Lease shall terminate. All damages or losses <br /> awarded on account of the interest of the Lessor shall be paid to the <br /> Lessor and all awards on account of Company's leasehold interest <br /> shall be paid to Company. The allocation of any lump sum award for <br /> any damages or losses between Lessor and Company shall be made by <br /> agreement between them, if possible, or if the parties cannot agree(I) <br /> the value of Lessor's interest in the property affected by such taking <br /> and under this Lease, and (ii)the value of Company's interest therein <br /> under the Lease. <br /> 9. Labor and Materials. <br /> The Company agrees to keep the Property free and clear of liens <br /> charges, claims or demand arising from the Company's operations <br /> hereunder and to promptly pay for all labor performed on the Property <br /> and for all supplies, materials, and equipment used or placed on the <br /> Property. The Company shall defend, indemnify and hold harmless <br /> Lessor from and against any and all claims,charged, demands,causes <br /> of action,damages and liability, including reasonable attorneys fees <br /> and expert fees,that arise from or are connected to the acts or <br /> omissions of the Company hereunder or to those of its contractors, <br /> 7 <br /> Lessor Initials <br /> Lessee Initials ` <br />