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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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d. Tenant shall indemnify Landlord against claims, demands, suits, <br /> liabilities, damages, losses, costs and expenses arising out of the Approvals <br /> relating to Tenant's operations, or to conditions or occurrences in or an the <br /> Property existing on and after the Effective Date. Tenant shall indemnify <br /> Landlord against claims, demands, suits, liabilities, damages, losses, costs and <br /> expenses, including injury to any person and damage to any property, arising <br /> out of Tenant's use and occupancy of the Property, or caused by Tenant's <br /> negligence or wrongful actions, or caused by Tenant's breach of its obligations <br /> under this Lease. <br /> 15. Landlord's Warranties, and Representations. Landlord represents and <br /> warrants as of the date hereof that the following are true and correct: <br /> a. That neither the execution of this Lease nor the consummation of <br /> the transactions provided for herein constitute, or will result in, any breach or <br /> default under any mortgage, deed of trust, note, loan agreement, covenant, <br /> easement, lien, lease, license, instrument, or other agreement to which <br /> Landlord is a party or to h the Property is subject. <br /> Qi <br /> b. That there is threatened litigation, proceeding, or <br /> investigation by any governmen ority or any other person known to <br /> Landlord against or otherwise affecting he Property . <br /> C. That Landlord has received no notice of any condemnation <br /> proceedings against the whole or any part of the Property. <br /> 16. Payment of Taxes. Landlord shalt pay all ad valorem real estate taxes <br /> levied against the Property. Tenant shall pay any severance taxes or other taxes <br /> related to Tenant's mining activities; shall pay all taxes upon fixtures, machinery and <br /> improvements placed upon the Property by Tenant; and shall pay all other taxes <br /> assessed against Tenant prior to delinquency which could become a lien against the <br /> Property. <br /> 17. Assignment. Tenant shall not assign any of its rights under this Lease or <br /> sublet any portion of the Property without first having obtained Landlord's written <br /> authorization to such assignment or sublease. <br /> 18. Notice. Any notice, demand, request, or document which may be or is <br /> required to be given under this Lease ("Notice") shall be in writing and, at the option <br /> of the sender, shall be (a) personally delivered to the party or parties to whom Notice <br /> is directed or (b) mailed by certified mail, postage paid, or sent by Federal Express or <br /> other recognized courier service which tracks its packages, and shall be addressed to <br /> the party at the address set forth above or such other place as each party may from <br /> time to time give in writing to the other parties. Notice shall be deemed to have <br /> occurred upon the sooner of receipt by the addressee, five (5) business days after <br /> deposit in the mail or with a courier service, or when returned to the sender. <br /> 6 <br />
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