2021-07-19_PERMIT FILE - M1987131

Home Browse Search

ram\ /0*\ equipment, improvements, and other facilities installed or constructed on the Property by the Company and also to sell and remove Materials then stockpiled on the Property, subject to its obligation to pay royalties upon such removed Materials. 14. ASSIGNMEEENTfIRANSFER. Lessor has the right to sell,transfer or encumber its interest in the Property and their interest in the Property and their interest under this Lease,so long as any such transaction does not interfere with Lessee's rights under this Lease,and provided that(1)the Lessor gives Lessee prior written notice of such sale or transfer,and(2)the purchaser or transferee expressly assumes in writing all of the Lessor's obligations under the Lease. Lessee may not assign,transfer or encumber its rights or interest under this lease,or sublet the Property,unless Lessor's written approval is first obtained.Lessor's written approval to Lessee's assignment or sublease of the Property shall not be unreasonably withheld or delayed. 15. LESSOR'S COVENANT OF QUIET ENJOYMENT:SUBJECT TO LIVESTOCK GRAZING. So long as Lessee pays the rent and perfomns all of its obligations in this Agreement,Lessee's possession of the Property will not be disturbed by Lessor,or anyone claiming by,through or under Lessor, except,however,Lessor may continue to graze the Property with cattle,sheep or other livestock and to lease the Property to third parties for grazing of cattle,sheep or other livestock. Should Lessee desire to keep such animals off of and away from actively mined areas,it shall be Lessee's responsibility to fence out such livestock from such areas,however it is acknowledged that the majority of the Property covered by this Lease is not currently mined nor likely will,and that as in the past,Landlord's livestock grazing tenants and livestock have coexisted with Lessees operations upon the Property and such livestock shall not be fenced out of areas not actively mined or under direct reclamation activities and use. Lessee and Lessee's employees,subtenants and invitees shall utilize and maintain cattle crossings and gates used by Lessor and Lessor's livestock grazing tenants to keep such livestock within the Property. Any new accesses installed by Lessee out to county roads or highways shall require Lessee to install cattle crossings or gates as reasonably necessary to prevent the escape of livestock from the Property onto such county roads or highways. 16. TITLE. Lessor represents and warrants to Lessee as of the execution date of this Agreement, and covenants during the Initial Tenn that Lessor is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. Lessor further covenants during the Term that there are no liens,judgments or impediments of title on the Property,or affecting Lessor's title to the same and that there are no covenants, easements or restrictions which prevent or adversely affect the use or occupancy of the Premises by Lessee as set forth above. Lessor makes no covenants or warranties as to whether there are water rights or ground water upon the Property sufficient for Lessees needs. 17. CONDEMNATION. In the event of condemnation of the entire Property, this Agreement shall terminate and the Parties shall have no further obligation (except for indemnifications which expressly survive this Agreement)as of the date the condemning authority takes title or possession, whichever occurs first. If as a result of a partial condemnation of the Property, Lessee may, in Lessee's sole discretion, terminate this Agreement effective immediately. Lessee shall be entitled to and shall receive and retain that part of the award or price paid by the condemning authority for the entire Property which is attributable to the improvements, fixtures, conduits, equipment, and all other things of Lessee situated on the 0,-4 e A -