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2023-09-12_REVISION - M2003001
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2023-09-12_REVISION - M2003001
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Last modified
9/13/2023 8:45:30 PM
Creation date
9/13/2023 9:33:12 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M2003001
IBM Index Class Name
Revision
Doc Date
9/12/2023
Doc Name
Request For Succession Of Operator
From
Burnco Colorado, LLC
To
DRMS
Type & Sequence
SO3
Email Name
ECS
MAC
AWA
SMS
Media Type
D
Archive
No
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12. Removal of Tenant's Property. ALL personal property, fixtures and <br /> equipment placed on the Property by Tenant shall remain the property of Tenant. No <br /> later than six months after the end of the Mining Phase, Tenant shall remove all of <br /> Tenant's property including all Aggregate mined and produced, except Tenant shalt <br /> not be required to remove water well casing, fences, gates, and cattle guards. <br /> Tenant shalt be deemed to have abandoned any of Tenant's property remaining on <br /> the Premises more than six months following Lease termination or expiration. <br /> 13. Default. If either party defaults in the performance of any material <br /> term or condition of this Lease, the non-defaulting party shall give written notice of <br /> default to the defaulting party, and before taking any other action shall allow a <br /> reasonable period of time for the defaulting party to cure the alleged default. For <br /> monetary defaults, the parties agree that 10 days shall be allowed as a cure period. <br /> For nonmonetary defaults, the parties agree that 60 days shall be allowed to cure the <br /> alleged default, or such longer riod of time if the alleged default cannot be cured <br /> within 60 days of notice. If lting party fails to cure a default within the <br /> appropriate cure period, the non- rty shalt be entitled to cure the default <br /> and obtain reimbursement of its cost a defaulting party upon demand, and <br /> may pursue all other available legal or equ ble remedies, including but not limited <br /> to any remedies that are provided by this Lease. <br /> 14. Tenant's Covenants. Tenant agrees to the following additional <br /> covenants and agrees that Tenant's obligations under this paragraph shall survive <br /> termination of this Lease: <br /> a. Tenant will comply at its expense with all applicable federal, <br /> state and local regulations, the requirements of the Permits and other <br /> Approvals, and the applicable requirements of the Central Agreement. Prior to <br /> the release of the Landlord guarantees, Tenant agrees to take all necessary <br /> steps to prevent default under the DRMS Warranties and to prevent claims <br /> against the Landlord guarantees. <br /> b. Tenant shall obtain the release of all claims for labor done, <br /> materials supplied and work performed on behalf of Tenant, and shall protect <br /> Landlord and the Property from lien claims arising therefrom. <br /> C. Tenant shall comply with all applicable federal, state and local <br /> Laws and regulations concerning the use, storage, treatment, disposal or <br /> release of hazardous materials on the Property, and including taking all <br /> reasonable measures to protect the Property from releases of hazardous <br /> materials by others. Upon termination of this Lease, Tenant shall remove all <br /> hazardous materials used, stored, treated, disposed of or released on the <br /> Property during the Lease. <br /> 5 <br />
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