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7. PERMIT: Owner shall assist the City in transferring all such permits and <br /> licenses to the City that are necessary for the City's excavation of the Mining Materials. <br /> Specifically, the Owner shall take all necessary steps to transfer permit No. M-2010-080 to <br /> the City. City shall pay all future governmental charges and inspection fees necessary for <br /> the permit transfer and to keep the permit active. Owner shall remain liable for all past fees <br /> and costs associated with the permits. <br /> 8. CONTINGENCY: This Agreement is contingent upon the City obtaining the <br /> necessary permits to allow the City to use the Property for the City's intended purpose of <br /> Mining Materials. <br /> 9. ACCESS: The City shall have the right to ingress and egress to and from the <br /> Property at all reasonable times, excluding weekends and holidays,on roads located on said <br /> tract and upon roads constructed by City, together with the right to erect temporary <br /> structures necessary to remove material. <br /> 10. QIJIET ENJOYMENT: The City upon the payment of the royalty and the <br /> performance of all the terms of this Agreement, shall at all times during the lease term and <br /> any extension or renewal term peaceably and quietly enjoy the Property without disturbance <br /> from the Owner or any other person claiming through the Owner. <br /> 11. RECLAMATION: Unless the Owner desires to otherwise keep the Property <br /> available for excavation upon termination of this Agreement or as provided for in Paragraph <br /> 8, upon completion of the City's intended operations and once the removal and processing <br /> of all of the Mining Materials material contemplated by this Agreement has been completed, <br /> the City shall be responsible for reclaiming the Property according to the standards and <br /> specifications established by the Colorado Department of Minerals and Geology. Upon <br /> acceptance of such reclamation work by the State, Owner shall be responsible for all <br /> ongoing maintenance and preservation. In the event Owner desires the Property and pit to <br /> remain open after lease termination, Owner shall take appropriate action to assume all <br /> responsibilities for reclamation including the full and complete release and indemnification <br /> of City. <br /> 12. TERMINATION: <br /> a. City's Termination. City may terminate the within Agreement, without <br /> cause, by giving ninety (90) day written notice of its intention so to terminate to <br /> Owner. In the event of such termination,the same shall be valid and effective for the <br /> entirety of the unexpired term of this Agreement, and City shall have the absolute <br /> right to grant concession operations privilege to any other entity upon such terms <br /> and conditions, as City, in its sole discretion, shall determine. Unless the Owner <br /> desires to otherwise keep the Property available for excavation,the City shall remain <br /> responsible for Reclamation as provided for in Paragraph 11 <br />