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(c) This Lease shall be binding upon and shall inure to the benefit of the parties hereto and their • <br /> respective successors and assigns. Each party shall have the right to assign its rights and <br /> delegate its duties under this Lease. <br /> (d) This Lease may not be recorded without the written consent of Trust and BV; provided, <br /> however,the Parties may record a mutually agreeable memorandum of this Lease to give record <br /> notice of the existence of this Lease. Upon the termination of this Lease for any reason, BV <br /> shall file,within a reasonable time following said termination,a release ofthis Lease in the real <br /> property records of the county where the Quarry is located. <br /> (e) This Lease sets forth the entire agreement and understanding of the parties hereto with respect <br /> to the subject matter of this Lease and supersedes all prior agreements,if any,written or oral. <br /> (f) This Lease is binding upon the successors and assigns of the parties. <br /> (g) Time is of the essence in this Lease. <br /> (h) This Lease may be executed in counterparts, including by facsimile or by PDF/email,each of <br /> which shall be deemed an original and all of which together shall constitute one and the same <br /> instrument. <br /> (i) All notices hereunder shall be valid when given if personally delivered or two(2) days after <br /> deposit in the United States mail,postage prepaid.certified mail, return receipt requested: <br /> If to Trust: The Marilyn E. Diamond Revocable Living <br /> Trust dated February 3,2021 <br /> c/o Misty Ponce <br /> 7613 Ponce Avenue <br /> West Hills,CA 91304 <br /> If to BV: BV Mining, LLC <br /> 12433 Highway 82 <br /> Carbondale,CO 81623 <br /> (j) If either party brings legal action to enforce the terms and provisions of this Lease, in addition <br /> to whatever award or other remedy the court may provide, each party shall pay its respective <br /> costs and expenses, including attorneys' fees. <br /> [Signature page follows] <br /> 7 <br />