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trash generated by BV shall be placed in containers and promptly removed by BV, <br /> including, without limitation survey pins, flags, ribbons and cigarette butts. BV <br /> shall not permit the release or discharge of any petroleum products or toxic or <br /> hazardous chemicals or wastes in,on,or surrounding the Quarry. To the maximum <br /> extent possible, BV will avoid destroying any trees in, on, or surrounding the <br /> Quarry. BV will control and correct any erosion caused by BV's operations. BV <br /> will ensure that portable toilet facilities are provided for all persons conducting <br /> operations in, on,or surrounding the Quarry and require BV's employees, agents <br /> and contractors to use those facilities. BV will conduct its operations so as to <br /> reasonably minimize noise and light emanating from its facilities. <br /> (xiii) BV will be responsible for all necessary reclamation of portions of the Quarry <br /> disturbed by B V in accordance with the provisions of the existing reclamation plan. <br /> BV shall diligently pursue such reclamation efforts until they are concluded to the <br /> satisfaction of all pertinent regulatory agencies. Trust will cooperate in the <br /> restoration efforts by allowing By reasonable access to the Quarry for such period <br /> of time as is necessary to complete reclamation to the satisfaction of the pertinent <br /> regulatory agencies. <br /> (xiv) BV shall not use water from any land owned by Trust or drill any water wells on <br /> the land surrounding the Quarry unless a separate agreement is entered into <br /> between BV and Trust. <br /> (xv) BV shall keep the Quarry free from any levy, assessment or lien with respect to <br /> any tax or other charge relating to BV's personal property installed or located in <br /> or on the Quarry and shall indemnify Trust against any liability or damage arising <br /> from any such tax or other charge. <br /> 8. Additional Obligations of Trust. In addition to its other obligations under this Lease, during the <br /> Term of this Lease,Trust agrees: <br /> (i) Trust reserves to itself and its agents the right,at any time,to enter the Quarry,to <br /> inspect and survey the Quarry,and to measure the quantity of Materials that may <br /> be in or on the Quarry or that shall have been mined or removed from the Quarry. <br /> Trust and its affiliates (including, but not limited to Misty Ponce, and her heirs <br /> and affiliates) shall have access to and the right of egress and ingress over the <br /> Quarry. <br /> (ii) Trust shall assure that all permits necessary for the mining of rock, aggregate, <br /> sand and other materials on the Quarry as contemplated by this Lease are in place, <br /> current and in good standing as of the Operational Start Date. <br /> (iii) Trust will reasonably cooperate with BV in any permit modifications that may be <br /> desired or become necessary(including,but not limited to,any modifications that <br /> may be necessary in connection with relocation of the Access Roadway). <br /> (iv) Trust,at its expense,will pay before delinquency all real estate taxes and similar <br /> taxes and charges on the Quarry and Property. <br /> 5 <br />