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17. Due Diligence and Tenant's Contingencies. This Agreement is contingent on <br /> Tenant reviewing, investigating, seeking approval of and/or determining, under terms and <br /> circumstances satisfactory to Tenant, in Tenant's sole discretion, the items listed below(any <br /> of such contingencies may be waived by Tenant). Landlord,for their successors and assigns, <br /> agrees to cooperate in all reasonable ways in Tenant's efforts to obtain resolution of such <br /> matters, including permitting the Tenant access for the purpose of testing and investigations <br /> and furnishing all information regarding the Property that is reasonably requested by Tenant. <br /> A. Division of Mning and Geology. A permit for mining the Property, <br /> together with a reclamation plan and reclamation bond. <br /> B. Zoning. Proper Zoning approval and/or issuance of a conditional use <br /> permit or use by special review permit with appropriate conditions for <br /> approval and development standards. <br /> C. Claims by Others in Property. Prior to commencement of mining of <br /> the Property, Tenant may investigate and determine claims by third <br /> parties in the Property, including without limitation, claims involving <br /> storage rights or uses, and surface uses that may be temporarily <br /> interrupted by mining activities. <br /> D. Title. Tenant shall investigate the title to the sand and gravel. <br /> 18. Additional Tenant Covenants. <br /> A. Tenant will cause all operations under this Lease to be carried on in <br /> accordance with all applicable federal, state and local <br /> regulations, permits, and the terms and conditions of any bond issued <br /> relative to such operations. <br /> B. Tenant shall keep the Property free and clear of liens for labor done <br /> or work performed under this Lease, and shall keep the Property free <br /> from all other forms of encumbrance, and will hold Landlord harmless <br /> from all claims, demand, suits, liabilities, damages, losses, costs,and <br /> expenses (including reasonable attorney fees) which may arise by <br /> reason of injury to any person employed by Tenant on the Property, <br /> or which may arise by any reason of injury to any person or damage <br /> to any property as a result of any operations of Tenant. Tenant shall <br /> name Landlord as an additional insured under Tenant's applicable <br /> insurance policy and provide Landlord with annual certificates of <br /> insurance evidencing such coverage. <br /> Page 5 of 9 pages <br />