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1111111111 liiiiiiiiiiiiiiiiiiiiillill 11111111111111111111 <br /> 3762036 04/13/2011 01:01P Weld County, CO <br /> 26 of 75 R 381.00 D 0.00 Steve Moreno Clerk& Recorder <br /> addition to other remedies available to it for Aggregate's breach and default,this Second <br /> Amended Lease may be terminated upon (i) Longmont's notice to Aggregate that such <br /> royalties have not been paid, and (ii) Aggregate's failure to pay such royalties within <br /> twenty (2o) days of the date of such notice. Upon the giving of any such notice and the <br /> failure of Aggregate to cure, this Second Amended Lease may be canceled and <br /> terminated at Longmont's election, provided that Aggregate shall be required to pay any <br /> royalties then due Longmont and provided that Longmont is not thereby precluded from <br /> pursuing other legal remedies available to it for Aggregate's breach. <br /> 55• Surrender of Possession Upon Termination. At the termination of this <br /> Second Amended Mineral Lease, at the end of the term or otherwise, Aggregate shall <br /> surrender and redeliver the Combined Properties to Longmont. <br /> 56. Assignment and Subletting. Aggregate shall have the right to assign this <br /> Second Amended Lease and/or sublet the Combined Properties with the written consent <br /> of Longmont, provided that (i) such consent shall not be unreasonably withheld, (ii) <br /> Aggregate shall reimburse Longmont for its reasonable expenses incurred therefor, and <br /> (iii) Aggregate shall remain liable under this Second Amended Lease notwithstanding <br /> any such assignment or subletting. <br /> 57. Real Estate Commissions. Each party represents and warrants to the other <br /> that no real estate or other broker or finder has been employed or retained by it in <br /> connection with this Second Amended Lease. <br /> 58. Notices. Any notices required or permitted hereunder shall be in writing <br /> and delivered to the other party or the other party's authorized agent, either in person by <br /> a courier service providing a delivery receipt or by United States certified mail, return <br /> receipt requested, postage fully prepaid,to the addresses set forth hereinafter, or to such <br /> other addresses as either party may have designated in writing, and delivered as herein <br /> provided: <br /> a. If to Longmont: <br /> i. City of Longmont <br /> c/o Mr. Dale Rademacher <br /> Director of Public Works and Natural Resources <br /> Service Center <br /> iloo South Sherman Street <br /> Longmont, CO 80501; <br /> With copies to: <br /> I City of Longmont <br /> City Attorney <br /> Civic Center Complex <br /> 408 Third Avenue <br /> Longmont, CO 80501; and, <br /> Page 26 of 32 <br /> Aggregate Industries <br /> Final <br />