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make payment to Oldcastle of$1,750,000, less said amounts shown in the audited records within <br /> ninety(90) days of receipt of said audited records. Oldcastle acknowledges that said payment is i <br /> no longer due and owing Lafarge and is now payable to Oldcastle as part of the Asset Purchase <br /> Agreement. Oldcastle agrees to indemnify and hold the County harmless for any claims of <br /> entitlement Lafarge may bring regarding this payment. <br /> 13. Oldcastle acknowledges that there may be utilities crossing through the Leased <br /> Premises,including but not limited to water, sewer and gas lines. The County shall make existing <br /> documentation regarding utility locations in its possession available to Oldcastle upon request. At <br /> all times during this Agreement, access and non-interrupted water and utilities must be available <br /> to the existing ball fields, area residences and the Eagle County Animal Shelter and Oldcastle <br /> shall not conduct any activities under this Agreement so as to interfere with water and utility <br /> service. <br /> 14. Termination by either Party may only be for a material breach of the terms and <br /> conditions herein and the failure of the breaching party to cure the default within thirty(30) days <br /> after receiving written notice of default from the other parry,provided that if the nature of the I <br /> default is such that it cannot be fully cured within thirty(30)days after notice,the defaulting party <br /> shall have a reasonable time to diligently complete cure of the default. Notwithstanding the <br /> foregoing,the County may terminate this agreement upon thirty(30) days written notice if <br /> Oldcastle files a petition in bankruptcy, including a reorganization plan,makes a general or other <br /> assignment for the benefit of creditors, is adjudicated as bankrupt or if a receiver is appointed for <br /> the property or affairs of Oldcastle. i <br /> 15. Oldcastle agrees to pay the County royalty fee payments for all material sold from <br /> the Leased Premises in an amount of$1.75 per ton. Oldcastle will present quarterly to County a <br /> detailed accounting of materials mined and sold from the Leased Premises along with the royalty <br /> payment for such period. The quarters shall be January through March,April through June,July <br /> through September, and October through December. The quarterly payments shall be due on or <br /> before the 15th day of the first month following the end of the quarter. Any previously mined <br /> material currently stored anywhere on the Leased Premises shall remain subject to these royalty <br /> payments. Beginning in January 2015 and every January thereafter,royalty payments shall be <br /> increased annually according to the Denver-Boulder, Colorado Consumer Price Index for All <br /> Urban Consumers, All Items published by the U.S. Bureau of Labor Statistics or other similar <br /> index approved by the Parties. In no event shall royalty payments be lowered from the previous <br /> year's amount. A delinquency charge of two percent(2%)per month shall be added to payments <br /> required herein-above,which are rendered more than thirty(30)days delinquent. Delinquency <br /> charges shall be due and owing immediately. Unless otherwise notified in writing,all payments <br /> due the County shall be delivered to the Eagle County Facilities Management Department, C/O 1 <br /> Rick Ullom, PO Box 850,Eagle Colorado 81631. <br /> i <br /> 16. Oldcastle will supply up to 20,000 tons of Class 6 road base material annually to <br /> the County upon County request at a cost of ten dollars($10)per ton;provided, however, County <br /> must provide sufficient notice to Oldcastle to allow for the production of such material in the <br /> ordinary course of operations. For purposes of this Section 16, sufficient notice shall be deemed <br /> 5 <br /> i <br />