Laserfiche WebLink
LANDLORD'S CONSENT TO ASSIGNMENT AND ASSUMPTION OLUISU <br /> THIS LANDLORD'S CONSENT TO ASSIGNMENT AND ASSUMPTION OF LEASE(this <br /> "Consent") is effective as of the som day of April,2024. <br /> WHEREAS, Wells Ranch LLLP("Landlord")and Colorado Sand Company, LLC ("Tenant") <br /> are parties to that certain Sand Mining Lease dated September 27'h,2023(the"Lease");and <br /> WHEREAS,Tenant desires to assign its interest in the Lease to Colorado Sand Company II, <br /> LLC("Assignee"); <br /> WHEREAS,Section 8.1 of the Lease provides Tenant the right to assign its interest upon <br /> Landlord's written approval,which shall not be unreasonably withheld,conditioned or delayed. <br /> IN CONSIDERATION OF this Consent,the Tenant transfers all of the Tenant's rights and <br /> obligations under the Lease,and the Assignee agrees to assume the Lease and all of the obligations of <br /> Tenant under the Lease,the parties agree to keep,perform and fulfill the promises,conditions and <br /> agreements below: <br /> 1. Landlord consents to the Assignment and the transactions contemplated by that Assignment. <br /> 2. Tenant and Assignee shall enter into an Assignment and Assumption of Sand Mining Lease in the <br /> form of an Assignment and Assumption of Sand Mining Lease attached hereto as Exhibit A. <br /> 3. Tenant shall provide Landlord with a fully executed copy of the Assignment and Assumption of <br /> Sand Mining Lease promptly after execution. <br /> 4. Tenant shall remain liable and is not released from its obligations under the Sand Mining Lease. <br /> 5. Assignee acknowledges that it has agreed or will agree to assume all of the applicable obligations <br /> and responsibilities of the Tenant under the Lease starting from the effective date of the <br /> Assignment and Assumption of Sand Mining Lease until the end of the Term of the Lease and <br /> such time provided for Removal of Property under Section 6.3 thereof. <br /> 6. This Consent will not be valid and binding on the Landlord,Tenant and/or Assignee until it has <br /> been completely executed by all of the parties. <br /> 7. This Consent may be executed in any number of counterparts and/or via electronic signature,each <br /> of which shall be deemed an original but all of which together will constitute one and the same <br /> Consent. <br /> [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK; SIGNATURE PAGE FOLLOWS] <br />