|
14. LIENS, (a) Lessee expressly agrees that it will not allow any lien on or
<br />encumbrance against the Lands, or any portion thereof, without first obtaining Lessor's express
<br />written consent, which may be withheld in Lessor's sole and absolute discretion; and, (b)
<br />Lessee will pay, satisfy, and discharge all claims or liens for material and labor or either of them
<br />used, contracted for, or employed by Lessee during the term of this Lease in the construction,
<br />repair, maintenance, improvement of the Lands and any improvements located thereon,
<br />whether said improvements are the property of Lessor or of Lessee. Lessee will defend,
<br />indemnify and save harmless Lessor from all such claims, liens, or demands whatsoever. In the
<br />event the Lease is terminated or expires. Lessee shall return the property to Lessor free and
<br />clear of any such liens, claims and demands.
<br />15. RESERVED PROPERTY RIGHTS. (a)Lessor reserves unto itself, its affiliates,
<br />subsidiaries, parents, successors and/or assigns, all existing agreements, leases, licenses or
<br />occupations with third party, including any affiliates of Lessor, whether recorded or not; and (b)
<br />the right, by any commercially reasonable means, to maintain, repair, renew, and restore the
<br />Lands; and (c) the right of ingress and egress for such purposes. However, any such
<br />maintenance, repair, renewal, or restoration will not damage or destroy any construction or
<br />improvements made by Lessee on the Land. Except, after reasonable notice of such efforts,
<br />lessee is unable or unwilling to remove said improvements within a reasonable period of time.
<br />16. GOVERNING LAW. This Lease will be construed in accordance with the laws of
<br />the state Colorado.
<br />17. INSURANCE. (a)Prior to the Commencement Date of this Lease, Lessee, at its
<br />sole cost and expense, shall procure, and thereafter shall maintain in full force and effect at all
<br />times during the Term of this Lease, insurance meeting the requirements as follows, (b) Lessee
<br />shall have Comprehensive Liability Insurance with a Combined Single Limit of not less than Five
<br />Hundred Thousand Dollars ($500,000.00) per occurrence, and One Million Dollars
<br />($1,000,000.00) aggregate. Such insurance shall: specifically name this Lessor as an
<br />"additional insured".
<br />18. COUNTERPARTS. This Lease may be executed in any number of counterparts,
<br />each of which may be deemed an original for any purpose.
<br />19. LIABILITY. Except as otherwise provided herein. Lessor shall not be liable for
<br />any loss, damage, or claim to or concerning the Lands, any improvements or fixtures located
<br />thereon, the property of Lessee or any third party, or for personal injury or death of any person
<br />that may result from Lessee's operation, use or interest in the Lands, unless the same is due
<br />solely or partially to Lessor's negligence or misconduct wither active or passive.. Lessee shall
<br />defend, indemnify and hold harmless Lessor from and against any and all such loss, damage or
<br />claims, including its reasonable attorneys' fees and costs to the extent permitted by the laws of
<br />Colorado.
<br />20. SEVERABILITY. If any part of this Lease is determined to be invalid, illegal or
<br />unenforceable, such determination shall not affect the validity, legality or enforceability of any
<br />other part of this Lease and the remaining parts of this Lease shall be enforced as if such
<br />invalid, illegal or unenforceable parts was/were not contained herein.
<br />IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed in
<br />duplicate, each part being an original, as of the day and year first above written.
|