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2025-07-02_REVISION - M2018055
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2025-07-02_REVISION - M2018055
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Last modified
7/2/2025 9:27:12 AM
Creation date
7/2/2025 9:09:15 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M2018055
IBM Index Class Name
Revision
Doc Date
7/2/2025
Doc Name
Request For Succession Of Operator
From
Schofield Excavation, Inc
To
DRMS
Type & Sequence
SO1
Email Name
LDS
AME
EL1
SMS
Media Type
D
Archive
No
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or more counterparts, eachof which shall 29. Counterparts: This Lease maybe executed in one o e <br /> rP <br /> be deemed an original and all of which together shall constitute one and the same Lease. <br /> 30. Authorization: Each Party warrants and represents to the other that such Party has taken all <br /> actions necessary to make this Lease a valid obligation binding upon the Party, and that all <br /> requirements of any applicable charter, ordinance, statute, or constitutional provision <br /> regarding the approval and execution of the Lease have-been met. Each-Party further <br /> warrants and represents that each person signing the Lease on its behalf is duty authorized to • <br /> sign this Lease and to bind that Party to the covenants and obligations stated in this Lease. <br /> 31. Negotiation of Partnership: Nothing in thi) Lease shall be construed to render the Landlord in <br /> any way or for any purpose a partner,joint venture or associate with Tenant or to make any <br /> legal relationship other than that of Landlord and Lessee, nor shall this Lease be construed to <br /> authorize either to act as agent for the other unless expressly stated to the contrary in this <br /> Lease. <br /> 32.Applicable Law: This Lease shall be governed by and construed in accordance with the laws <br /> of the State of Colorado. The Parties agree that jurisdiction and venue shall be proper and <br /> any'action shall be brought in the courts of Eagle County,Colorado. <br /> 33. AttorneyFees: In anylegal action or proceedingbetween the Landlord and Tenant <br /> g <br /> concerning this Lease, each party shall be responsible for its own legal fees and costs. <br /> 34. Force Majeure: If Tenant is prevented from drilling or conducting other operations for the <br /> purpose of obtaining or restoring production of aggregate from the Leased Premises by fire, <br /> flood, storm, act of God, or any cause beyond Tenant's control (including, but not limited to <br /> governmental law, order or regulation, labor disputes, war, inability to secure men, materials <br /> or transportation,or inability to,secure a market)then the performance of any such operations <br /> shall be suspended during the period of such prevention, provided that this provision shall <br /> not suspend nor delay the time for the payment of any payments payable under the provisions <br /> of this Lease. . • <br /> i <br /> 35.A�ltemahv a Dispute Resolution: If a dispute arises from or relates to this Lease or the breach <br /> P P <br /> thereof, and if the dispute cannot be settled through direct discussions, the parties agree to <br /> endeavor first to settle the dispute by mediation administered by the American Arbitration <br /> Association under its Commercial Mediation Procedures before resorting to arbitration. The . <br /> parties further agree that any unresolved controversy or claim arising out of or relating to this <br /> Lease, or breach thereof, shall be settled by arbitration administered by the American <br /> Arbitration Association in accordance with its Commercial Arbitration Rules and judgment <br /> on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction <br />
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