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a "hazardous waste," "hazardous substance," "pollutant," or "contaminant" under any Environmental
<br /> Requirement,(iii)if present causes or threatens to cause a nuisance,trespass,or other tortious condition or
<br /> poses a hazard to the health or safety of persons,or(iv)that contains gasoline,diesel fuel,or other petroleum
<br /> hydrocarbons,PCBs,asbestos,or urea formaldehyde foam insulation.
<br /> (g) "Imported Products"means sand,gravel,dirt,asphalt or concrete rubble,and
<br /> other aggregate materials brought upon the Premises by Tenant but not mined therefrom.
<br /> (h) "Initial Term"means the period beginning on the Commencement Date and
<br /> ending on the fifteenth(15th)annual anniversary of the Commencement Date.
<br /> (i) "Premises" means the Mining Pods and all appurtenances, rights and
<br /> privileges pertaining thereto.
<br /> 0) "Permitted Use"means the mining,removal,processing,storing,and selling
<br /> of Materials, the operation of asphalt plants, and all matters related or incidental thereto including the
<br /> operation, storage, and maintenance of equipment, storing and stockpiling other materials, and such
<br /> construction and use of shops,offices,labs,and similar facilities("Facilities"). All Facilities must(i)have
<br /> the prior approval of CWH after plans for the Facilities have been provided to CWH; (ii) comply with
<br /> applicable laws,regulations and permits and have the approval of the appropriate governmental authorities
<br /> (including issuance of certificates of occupancy);(iii)be constructed in a good and workmanlike manner;
<br /> and(iv)be approved and constructed at Tenant's sole cost. All permanent Facilities become the property
<br /> of CWH upon termination of this Lease.
<br /> (k) "Products" means Materials that are mined and removed from the Mining
<br /> Pods.
<br /> 2. LEASE AND MINING RIGHTS.
<br /> (a) Minin&Pods. CWH does hereby exclusively lease,demise and let unto Tenant
<br /> the Premises for the Permitted Use during the Term (as defined below), unless sooner terminated or
<br /> extended as herein provided. Following the Initial Term, this Lease shall automatically renew for two
<br /> successive five year periods(each,a"Renewal Term"and,together with the Initial Term,the"Term");
<br /> provided,however that(i)upon the occurrence of the Depletion Date the Initial Term or the then-current
<br /> Renewal Term,if any,shall automatically terminate and all future renewals shall be cancelled,and(ii)no
<br /> renewal shall occur in the event that Tenant has provided written notice of non-renewal to CWH at least 90
<br /> days prior to the scheduled date of such renewal,and(iii)no renewal shall occur if any default by Tenant
<br /> then exists under this Lease,beyond any applicable cure period.
<br /> (b) Third-Party Rights to Materials. To the extent that the State of Colorado has,
<br /> or is in the future determined to have,rights to any of the Materials located within Mining Pod#1,Connell
<br /> shall be responsible for taking such action as may be necessary to allow Tenant to mine such Materials
<br /> from Mining Pod#1. Initially,such action shall include Connell allowing Tenant,as Connell's Sublessee,
<br /> to mine the Materials located in Mining Pod#1 that are purportedly owned by the State of Colorado and
<br /> subject to the State Lease,Connell fulfilling all obligations to the State of Colorado under the State Lease,
<br /> and Connell taking all actions reasonably necessary to ensure that the State Lease continues and full force
<br /> and effect for so long as Tenant continues to mine the Materials that are the subject thereof. Any royalties
<br /> owed by Connell to the State of Colorado under the State Lease shall be paid by Connell as and when due,
<br /> and Tenant shall have no liability therefor. For the avoidance of doubt, regardless of whether it is
<br /> determined that any governmental authority has, or does not have, rights with respect to the Materials
<br /> located within the Mining Pods,the payments due from Tenant hereunder shall not be adjusted as a result
<br /> of such determination.
<br /> (c) Mining Permit. In conjunction with the simultaneous asset purchase
<br /> transaction between Connell and Tenant,Connell has assigned the Permit to Tenant such that the Tenant
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