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Property one(1)year after expiration or termination of this Lease shall become the property <br /> of Landlord. <br /> 13. Default by Tenant. If any default occurs in the performance of any term or condition <br /> of this Lease by Tenant, Landlord shall have the right to give a 30-day notice in writing to <br /> Tenant demanding the correction or removal of the default. If Tenant fails to correct or <br /> remove the default within this period, Landlord may, at Landlord's option, unilaterally <br /> terminate this Lease. If this Lease is terminated by Landlord pursuant to this section, Tenant <br /> shall have three(3)months after the termination within which to remove any improvements, <br /> equipment or stockpiled materials placed on the Property by Tenant. After such three <br /> (3)month period, title to such improvements, equipment or stockpiled materials shall vest in <br /> Landlord. <br /> 14. Permits. Tenant shall be responsible for applying for all permits necessary to obtain <br /> legal permission to conduct its mining operations including the Reclamation Plan. Landlord, <br /> for their successors and assigns, agrees to cooperate in all reasonable ways in Tenant's efforts <br /> to obtain such permits and agrees to furnish, without cost, all information regarding the <br /> Property which they have insofar as such information relates to overburden, sand, gravel, <br /> aggregate and other minerals. Tenant shall be solely responsible for all costs and fees of <br /> obtaining the necessary permits for its proposed mining operations and reclamation, which <br /> shall be the sole and separate property of Tenant. Notwithstanding any other provision ofthis <br /> Lease, in the event the Tenant has not obtained a Mining Permit from the Division of Mining <br /> and Geology and a Special Use Permit from Weld County (or appropriate equivalent <br /> authorization from the Town of Milliken)within two(2)years of the date of this Lease, this <br /> Lease shall automatically terminate. Further,all ofthe Property that is unnecessary for mining <br /> or other uses specified in this Lease and that is not included in the Mining Permit and Use by <br /> Special Review Permit shall be released from the Lease and made available to the Landlord <br /> for other uses. Tenant shall provide Landlord a surveyed legal description for all such <br /> released land and Landlord shall be responsible for compliance with all land use laws of Weld <br /> County or the Town of Milliken regarding such property, including subdivision laws. <br /> 15. Agreement Concerning Water Augmentation.The Landlord owns the water rights <br /> listed on Exhibit B and shall make such water available for washing and augmentation as <br /> needed by Tenant. <br /> 16. Lining of Pits. Tenant may, at its option, install one or more slurry walls on the <br /> Property. If any water storage rights are created by such lining, Tenant shall own such rights <br /> and any and all proceeds of sale of the storage rights. Landlord agrees to enter into an <br /> agreement for easements and access to the water storage facility in substantially the form <br /> attached as Exhibit C when requested to do so by Tenant. Landlord shall not be required to <br /> pay any cost of lining the mining pits on the Property. <br /> Page 4 of 9 pages <br />