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9. Topsoil and other overburden material. Tenant shall reserve and
<br /> separately stockpile sufficient quantities of topsoil and overburden for reclamation of
<br /> the Property. All topsoil and overburden which is surplus to the quantity needed for
<br /> reclamation may be sold or otherwise removed by Tenant as Aggregate under this
<br /> Lease.
<br /> 10. Additional Surface Rights of Tenant. From the Effective Date through
<br /> the end of the Mining Phase, Tenant shall have the right to possess, use, enjoy and
<br /> occupy the surface of the Property, free from disturbance by Landlord, but subject to
<br /> the Central Agreement and to easements, rights-of-way and other matters of record.
<br /> Tenant's rights include the right to remove or relocate Landlord's structures, fences,
<br /> debris, vegetation, excess soil, improvements and other overburden covering the
<br /> Aggregate as Tenant deems appropriate; the right to install machinery, structures and
<br /> equipment, fences, gates and other improvements deemed necessary by Tenant for
<br /> use in its operations; the right to use existing water welts for operations, dust control,
<br /> augmentation and reclamation; t to drill water wells and monitoring wells;
<br /> the right to stockpile and store san aggregate, soil, and overburden from the
<br /> Property until or used in connection tion or removed as Aggregate; and
<br /> to the extent allowed by the Approvals, t t to stockpile and store materials,
<br /> vehicles and equipment used in Tenant's opera t ons on the Property. This Lease does
<br /> not grant Tenant any interest in oil, gas or other hydrocarbons, or the right to grant,
<br /> assign, alter or terminate easements, licenses, rights of way or other interests in the
<br /> Property. Tenant shall have no right to move, remove, damage or alter the slurry
<br /> watt improvements, wells, pipes, meters, water conveyance structures, utility lines or
<br /> other property and improvements belonging to Central or others. During the
<br /> Reclamation Phase, Tenant's right to enter upon and use the Property shall be limited
<br /> to that needed to remove Tenant's property, complete all applicable reclamation
<br /> requirements, and obtain the release of the DRMS Warranties.
<br /> 11. Insurance. On and after the Effective Date and throughout the term of
<br /> this Lease, Tenant shall obtain and maintain the following insurance coverage in
<br /> effect, issued by an insurance company licensed to do business in Colorado and rated
<br /> "Good" (B+) or better by A.M. Best: Commercial General Liability insurance, naming
<br /> Landlord as an additional insured, and providing primary coverage to Landlord in the
<br /> amount of $5,000,000 per occurrence and $5,000,000 aggregate (if the policy covers
<br /> multiple locations, a per location endorsement will be necessary), providing coverage
<br /> for leaks, explosions, pollution and Tenant's contractual liability under this Lease,
<br /> and waiving a right of recovery against Landlord. The policy shall be endorsed to
<br /> commit the insurer to provide Landlord with at least 30 days prior written notice of
<br /> cancellation or termination of coverage or any changes to the terms of coverage.
<br /> Prior to Tenant's entry upon the Property, and from time to time upon request from
<br /> Landlord, Tenant shall provide Landlord with documentation of Tenant's compliance
<br /> with this paragraph, including, if requested by Landlord, copies of applicable policies
<br /> and endorsements, and written confirmation from the insurer of payment of
<br /> premiums.
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