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C. Any use,storage,treatment,disposal or release of hazardous materials <br /> on the Property by Tenant shall be in compliance with all applicable <br /> federal,state and local laws and regulations. Upon termination of this <br /> Lease, Tenant shall remove all hazardous materials used, stored, <br /> treated, disposed of or released by it on the Property during the Lease <br /> Term. Tenant shall indemnify and hold Landlord harmless for any <br /> loss, liability, cost, expense or claim arising from (1) Tenant's use, <br /> generation, storage, release or disposal of any hazardous material on <br /> the Property; and (2) Tenant's violation of any law relating to <br /> environmental conditions in connection with the mining of the <br /> Property. Tenant's obligations under this paragraph shall survive the <br /> termination of this Lease. <br /> 19. Lesser Interest, Foreclosure and No Warranties of Title or Product Quality. <br /> Landlord represents that she/he/it has good title to the Property and the materials to be <br /> removed from the Property pursuant to this Lease. Notwithstanding the representation <br /> contained in the preceding sentence,Landlord expressly does not warrant its title to the sand, <br /> gravel and aggregate, nor covenant with Tenant for quiet enjoyment, save against those <br /> claiming by, through, or under conveyances made by Landlord. If Landlord owns less title <br /> than the entire undivided interest in the sand,gravel and aggregate contained on the Property, <br /> and the defect in Landlord's title is not cured,the sales royalties paid or payable to Landlord <br /> hereunder shall be proportionately reduced in the ratio as Landlord's interest in the sand, <br /> gravel and aggregate contained on the Property bears to the entire undivided interest in the <br /> sand, gravel and aggregate contained on the Property. In any event, Landlord's liability to <br /> Tenant for defects in its title to the Property shall be limited to monies paid by Tenant to <br /> Landlord under this Lease. In the event the holder of any lien or encumbrance against the <br /> Property commences foreclosure proceedings against the Property, Tenant shall have the <br /> right, but not the obligation, to make any cure or redemption payments to stop foreclosure. <br /> In such case, all sums paid by Tenant to stop foreclosure shall be credited against sums <br /> Tenant then owes or may in the future owe to Landlord pursuant to this Lease.Tenant makes <br /> no representations and gives no warranties regarding the physical or chemical quality of <br /> overburden, sand, gravel and aggregate contained on the Property or its fitness for a <br /> particular purpose. <br /> 20. Attorney Fees. In the event of a dispute between the parties regarding this Lease, <br /> the Property, or the Sand, Gravel and Aggregate Mine which results in litigation, the <br /> prevailing party shall be awarded court costs and reasonable attorney fees in connection with <br /> such dispute. <br /> 21. Miscellaneous. <br /> A. Time is of the essence in all provisions of this Lease. <br /> Page 6 of 9 pages <br />