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consideration requirements shall not apply to Approved Assignments. There shalt be no partial
<br /> assignments of this Contract.
<br /> B. Any transfer or assignment, or attempted transfer or assignment, of the Contract or any of the
<br /> rights granted hereunder, without consent in writing of the State Land Board, shalt be absolutely void,
<br /> and at the option of the State Land Board, shall terminate this Contract. The acceptance by the State
<br /> Land Board of any payment due hereunder from any person other than the Grantee shall not be deemed
<br /> a waiver by the State Land Board of any provision of this Contract or to be consent to any assignment.
<br /> C. Subleasing, encumbering, pledging or otherwise transferring this Contract is expressly prohibited
<br /> under the terms of this Contract except as expressly provided in this Contract.
<br /> D. Subleasing (including co-location of facilities not belonging to Grantee) is prohibited without the
<br /> prior written consent of the State Land Board, which consent shall be at the State Land Board's sole
<br /> discretion. Grantee shall request and obtain the State Land Board's approval of any proposed
<br /> subleasing or co-location of facilities prior to entering into any agreement to co-locate and prior to
<br /> co-location of facilities on the Premises. Within thirty (30) calendar days of the anniversary date of
<br /> the Effective Date (and each subsequent one-year date thereafter), the Grantee shalt provide a report
<br /> of all approved subleases including an accounting of the related sublease income and gross receipts
<br /> received, including in-kind services and equipment. At that time, Grantee shall pay to the State Land
<br /> Board an amount equal to 25% of gross receipts received during the previous year from subtenants or
<br /> one-half (1/2) the previous year's annual consideration amount pursuant to Section V, whichever is
<br /> greater. All entities with subleasing arrangements that include land outside of the boundaries of the
<br /> Premises and are owned by the State Land Board shall be required to enter into a separate agreement
<br /> with the State Land Board.
<br /> E. Grantee shall be responsible to assure that the sublessees comply with all the terms, conditions,
<br /> and covenants of this Contract. A breach or default of this Contract by a sublessee shall be considered
<br /> a breach of the Contract as if the Grantee had committed the breach; however, Grantee shall still be
<br /> responsible for the performance and liabilities of all terms, conditions and covenants of this Contract.
<br /> XX. PROTECTION, CONSERVATION AND COOPERATION
<br /> Grantee shall not permit, commit, or allow, and shalt protect the Premises against, any loss, damage, any
<br /> dangerous condition, injury, or waste, except as caused by persons granted other uses of the Premises by
<br /> the State Land Board. Grantee may use the Premises only for the purposes granted and in accordance
<br /> with good resource conservation practices. Grantee shalt not cut, remove, or use or allow to be cut,
<br /> removed or used, any timber or trees, or remove, use or allow to be removed or used any minerals, ores,
<br /> metals, coal, asphaltum, oil, gas, sand, gravel, clay, quarry products, peat, geothermal resources or other
<br /> naturally occurring resources unless approved in advance in writing by the State Land Board. Grantee
<br /> shall conduct all activities on the Premises in a manner that protects soil fertility and forage production,
<br /> and does not contribute to soil erosion, noxious weeds or pests. Grantee shall comply with all applicable
<br /> federal, state and local laws, ordinances, and regulations, including but not limited to criminal, land use,
<br /> fencing, noxious weed, environmental, wetlands protection, hazardous waste, health and safety laws,
<br /> ordinances and regulations.
<br /> XXI. DEFAULTS AND REMEDIES
<br /> A. Defaults
<br /> The occurrences of any one or more of the following events shall constitute a default hereunder by
<br /> the Grantee:
<br /> 1. Failure by the Grantee to make any payment or charge required to be made by the Grantee
<br /> hereunder, as and when due.
<br /> ROW 113070 Page 9 of 16 Revised DOL_20180717
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