Laserfiche WebLink
i 1111111111111111111111 IUI 111111111111111111111 IN <br /> 3762036 04/13/2011 01:01P Weld County, CO <br /> 28 of 75 R 381.00 0 0.00 Steve Moreno Clerk& Recorder <br /> f. The failure of Aggregate to comply with any and all mining permits <br /> currently in place. <br /> 6o. Longmont's Remedies. In the event of a default under this Second <br /> Amended Lease by Aggregate, Longmont shall have the following rights at Longmont's <br /> election,following notice to Aggregate: <br /> a. To re-enter and take possession of the Combined Properties and all <br /> personal property therein and to remove Aggregate, and, in the <br /> event of the default described in Section 34,to extinguish the access <br /> and conveyor easements over the Landfill Property to Aggregate's <br /> plant site; <br /> b. To commence proceedings against Aggregate to (i) recover <br /> possession of the Combined Properties, (ii) recover royalties and <br /> any other amounts due under this Second Amended Lease, (iii) <br /> recover damages for any default under or breach of this Second <br /> Amended Lease by Aggregate, and (iv) compel specific performance <br /> and obtain other injunctive relief; <br /> C. The Distel Option Contract and the Tull Option Contract shall <br /> remain in full force and effect despite Aggregate's default under this <br /> Second Amended Lease. <br /> 61. Longmont's Default. The failure by Longmont to perform or comply with <br /> the covenants, terms, and conditions set forth in this Second Amended Lease shall <br /> constitute a default, provided that the same is not cured within thirty (3o) days after <br /> written notice thereof from Aggregate to Longmont, provided that Longmont's time to <br /> cure such default shall be extended for such additional time as shall be reasonably <br /> necessary if (i) Longmont proceeds with due diligence during period to cure any such <br /> default and is unable by reason of the nature of the work involved to cure the same <br /> within such period, (ii) such extension of time shall not subject Longmont or Aggregate <br /> to any liability, civil or criminal, and (iii) the interest of Aggregate in this Second <br /> Amended Lease or the Combined Properties shall not be jeopardized by reason thereof. <br /> 62. Aggregate Remedies. In the event of a default under this Second Amended <br /> Lease by Longmont, Aggregate shall have the following rights at Aggregate's election, <br /> following notice to Longmont: <br /> a. To take as a credit against Advance Royalties, Sand and Gravel <br /> Royalties the amount reasonably necessary to compensate <br /> Aggregate for expenses and/or damages incurred in curing <br /> Longmont's default or breach of this Second Amended Lease; <br /> b. To commence legal proceedings against Longmont to recover <br /> damages for any default under or breach of this Lease by Longmont. <br /> 63. Waiver. No waiver of any breach of any one of the conditions or covenants <br /> Page 28 of 32 <br /> Aggregate Industries <br /> Final <br />