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<br />Lessee does agree to maintain the premises in a safe manner <br />and does agree to assume the responsibility for maintaining and <br />operating the premises in a safe and careful manner. The Lessee <br />agrees to hold the Lessor harmless from any and all claims which. <br />may arise out of and which are proximately caused by the <br />development, mining and removal of material from the leased <br />premises and which may be filed against the Lessor, his heirs at <br />law, personal representatives or assigns. <br />7. Lessee will repair any damage done to water wells, <br />drinking troughs, storage tanks, and other similar improvements <br />on tt~e leased premises, and Lessee will pay the reasonable value <br />of any livestock and crops that may be killed, injured, <br />destroyed, or damaged by Lessee's agents or employees. <br />8. All improvements and equipment placed on the leased <br />premises by Lessee, except water well casing, shall remain the <br />property of Lessee, and Lessee shall have the right to remove <br />such property prior to the expiration of this Lease. <br />b. The parties do agree that this Lease shall be subject to <br />the following terms and conditions: <br />1. Lessor agrees to pay all real estate taxes levied <br />against the leased premises before the same become delinquent. <br />In the event Lessor fails to pay such taxes, Lessee may, at its <br />option, pay any such taxes and assessments as may be levied <br />against the premises, and deduct the amount of such payments, <br />together with any penalties or interest required to be paid, from <br />any amount thereafter due to Lessor hereunder. <br />2. In the event any default occurs in the performance <br />of any term or condition of this Lease by Lessee, Lessor shall <br />have the right to give a ten day notice in writing to Lessee, <br />demanding the correction or removal of such default. In the <br />event Lessee fails to correct or remove such default within such <br />period, Lessor may, at his option, terminate this Lease. <br />3. If any minerals, as distinguished from sand, gravel, <br />and rock, are found on the leased premises, the same shall belong <br />to Lessor. <br />9. The Lessee shall have the right to remove from the <br />leased premises at the termination of this Lease or any extension <br />thereof, all buildings, equipment and machinery placed on the <br />said premises and used by the Lessee to develop, mine, and remove <br />material except any water wells permitted and drilled on the said <br />premises and used in the operations of the Lessee; such water <br />wells will remain with the premises and become the property of <br />the Lessor. <br />This Lease shall inure to the benefit of and shall be <br />binding on the heirs, legal representatives, successors and <br />assigns of the parties. , <br />IN WITNESS WHEREOF, the parties have executed this Agreement <br />at Burlington, Colorado the day and year first above written. <br />LESSOR: <br /> <br />~1~~l~u~ ~ ~ y~-r <br />Karl-Heinz Heintges, Owner <br />KIT CARSON COUNTY, COLORADO <br />By: ~~,L,n~~ <br />Edg r Pratt, Chairman <br />,~~ r .~ ~ <br />