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9.1. Upon the mutual execution of the Lease by Landlord and Tenant, Landlord and Tenant <br /> agree to split the costs up to $100,000 of the Eagle County Special Use Permit <br /> Application as follows: Tenant will be responsible for two thirds and the Landlord will <br /> be responsible for one third of up to $100,000 to obtain the Special Use Permit. Any • <br /> costs that exceed the $100,000 will be the sole responsibility of Tenant. This amount • <br /> shall not include any deposits.After Eagle County and the State Mining Board agencies <br /> accepts required applications and deems such applications to be complete, Landlord • <br /> shall pay amount within twenty (20)days of receipt of invoices from Tenant. <br /> 10.Tenant Options-to Terminate Lease <br /> 10.1.Lack of Permit or Unacceptable Conditions: lf, despite reasonable, diligent efforts, any <br /> Permit required for operations cannot be obtained by February 28, 2019 or can be <br /> obtained only on conditions not acceptable to Tenant in its sole discretion, or if Tenant's <br /> inspection of the Leased Premises reveals any condition that to renders the Leased <br /> Premises unsatisfactory in Tenant's sole good faith determination for its Sand and Gravel <br /> or Plant operations, then Tenant may give notice of such fact to Landlord and, upon the <br /> giving of such notice, this Lease shall terminate and neither party shall have any further <br /> obligation to one another. <br /> 10.2.Lack of Acceptable Tenant Financing: If, despite its reasonable diligent efforts, Tenant <br /> cannot secure a lender for business financing by February 28, 2019 or if funding can be <br /> obtained only on conditions not acceptable to Tenant in its sole discretion, then Tenant <br /> may give notice of such fact to Landlord and, upon the giving of such notice, this Lease <br /> shall terminate and neither party shall have any further obligation to one another. <br /> 11. Indemnification and Defense of Claims <br /> 11.1.Tenant Covenants: Tenant agrees to indemnify Landlord to the extent set forth in this <br /> Section 11.1 <br /> • <br /> 11.I.1.Acts or Omissions: Tenant shall defend, indemnify and hold harmless Landlord <br /> from and against any and all claims, demands, judgments and liability, including <br /> reasonable attorneys' fees and expert fees, by or to any and all third parties resulting <br /> from the acts or omissions of Tenant or its agents, representatives, officers, <br /> employees, lessees and contractors in,on or about the Leased Premises. <br /> • <br /> l 1.1.2.Regulatory Liabilities:Tenant shall defend, indemnify and hold harmless Landlord <br /> from any and all liability resulting from its operations hereunder pursuant to all <br /> local, state and federal environmental laws, ordinances, rules and regulations, <br /> including but not limited to, the Comprehensive Environmental Response, <br />