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2023-03-16_PERMIT FILE - M2023008 (4)
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2023-03-16_PERMIT FILE - M2023008 (4)
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Last modified
3/17/2023 8:40:56 PM
Creation date
3/17/2023 9:16:05 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2023008
IBM Index Class Name
Permit File
Doc Date
3/16/2023
Doc Name Note
Exhibits G-L
Doc Name
Application
From
A & S Construction Company
To
DRMS
Email Name
AME
SMS
AWA
Media Type
D
Archive
No
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i. If tile Lessee tails to pay when due any amounts to he paid <br /> hereunder, Lessor may at Lessor's option give the Lessee \%ritten <br /> notice ol'such failure and the Lessee shall have thirty i 0)daN s <br /> from the date it receives notice to pay the amounts Deed to Lessor. <br /> If the Lessee fails to pay the past due amounts to Lessor %within <br /> ninety (90)day period. Lessor may at Lessor's option declare the <br /> Lessee in default and terminate this Lease. <br /> ii. If the Lessee defaults in the performance ofany obligation <br /> hereunder other than the obligation to pay money %yhcn due. <br /> Lessor may at Lessor's option give written notice h\ certified mail <br /> ofsuch default to the i.essee. and the Lessee shall ha\e ninety (90) <br /> days from the (late it received such notice to cure the default. If <br /> the Lessee fails to curd the default within the ninety-day period. <br /> Lessor may at Lessor's option terminate this Lease, pro%ided. <br /> however, that if the default is minor and the default can he 161IN <br /> compensated for damages. than such default shall not he a basis for <br /> cancellation or 166eiture of this Lease or any of Lessee's rights <br /> hereunder ifthe Lessee pays the bill amount ofdamages within <br /> ninety (90)days after demand by Lessor. I f through no fault of the <br /> Lessee. such failure is impracticable to correct \yithin the 90-day <br /> prior, Lessor shall have no right to terminate this lease if the <br /> Lessee commences in stood faith to correct the failure and provided <br /> that the Lessee diligently pursues and completes the correction <br /> within a reasonable time. <br /> b. Upon termination of this Lease with respect to all or any part of the <br /> Property. the Lessee agrees to furnish Lessor with a document <br /> reasonably satisfactory to Lessor yeritying such termination and <br /> release of Lease. <br /> c. Vpon termination of this Lease by the Lessee for any reason. all sums <br /> paid hereunder to Lessor shall remain the property of Lessor and shall <br /> not he recoupable or refundable except to the extent that they have <br /> already been recouped or refunded as of the effective date of <br /> termination, or except as expressly provided in Paragraphs 10.13 and C <br /> above. <br /> 10. End of Term. The Lessee shall have the right for six (6) months tr(mi the date <br /> of the expiration or termination of the Lease to dismantle and remove <br /> machinery. equipment. improvements. and other facilities installed or <br /> constructed on the Property h\ the Lessee and also to sell and remove <br /> Materials then stockpiled on the Property, subject to its obligation to pad Sales <br /> Royalties pursuant to Section ). <br /> i i. No Development Covenant. There is no implied covenant or obligation of the <br /> Lessee to explore. develop or mine the Property or to sell Materials. The <br /> 4 <br /> Lessor Initials fJ GL <br /> Lessee Initials _ <br />
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