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(v) If electrical services may be reasonably extended to the Quarry, upon BV's <br /> request and at BV's sole cost and expense, Trust will reasonably cooperate with <br /> BV in the extension of such services to the Quarry. <br /> (vi) If Trust ever sells any portion of the Quarry or any portion of the Property on <br /> which the Access Roadway is located,(i)Trust shall make certain that the terms <br /> of such sale recognize and maintain this Lease and the rights of BV to use the <br /> Access Roadway in full force and effect,and(ii)upon any such sale,the options <br /> to extend the Term of the Lease may be exercised solely by BV without the <br /> consent or agreement of Trust. <br /> (vii) Trust and its affiliates(including but not limited to Misty Ponce and her heirs and <br /> affiliates) shall have the right, free of charge, to use Materials from the Quarry <br /> for personal use. <br /> 9. [intentionally Deleted]. <br /> 10. Assignments; Change in Control. BV shall not directly or indirectly assign,sublease or otherwise <br /> transfer any interest in this Lease or undergo a Change of Control without the prior written consent of Trust, <br /> which may be withheld in the sole discretion of Trust. As used herein, a"Change of Control'means the <br /> direct or indirect acquisition in a single or multiple transactions of equity interests in BV,beneficially or of <br /> record, by any person or group of equity interests, if after such acquisition Larry Giroux and/or John Rose <br /> do not have at least 50% of the aggregate voting power represented by the issued and outstanding equity <br /> interests of BV. Trust acknowledges that anticipated client(s) of By will access the Quarry to load <br /> Materials for resale to their customers; Trust agrees that such arrangement shall not constitute a subletting <br /> or other action in violation of the provisions of this Section 10. BV shall be responsible for any such access <br /> by client(s)and shall ensure that the same is in compliance with and subject to the terms of this Lease. <br /> 11. Default. If any default occurs in the performance of any term or provision of this Lease by BV, <br /> Trust shall have the right to give notice in writing to BV, demanding the correction or removal of the <br /> default. If BV fails to correct or remove the default within thirty(30) days after receipt of such notice(or <br /> if such correction or removal cannot reasonably be completed in such 30-day period,then if BV does not <br /> commence such correction or removal within such 30-day period and thereafter diligently pursue such <br /> correction or removal to completion),then, in addition to all other remedies it may have against BV, Trust <br /> may,at Trust's sole option, terminate this Lease upon notice to BV. <br /> 12. Miscellaneous. <br /> (a) If any minerals, as distinguished from sand, gravel, and rock, shall be found in, on or <br /> surrounding the Quarry,they shall belong to Trust,and BV shall not mine said materials until <br /> a separate Lease has been negotiated by the parties concerning said minerals. <br /> (b) This Lease shall be governed by and construed in accordance with the laws of the State of <br /> Colorado. <br /> 6 <br />