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external boundaries of the lcaised premises and approximz~tcly paral- <br /> lcl to such boundaries and which will enclose Lessee's operations <br />• on said land. Lessee may provide such gates and crossings in such <br />fence as will facilitate and acco^~.o'_ate L_ssee's operations on the <br />leased premises and its rigtit o` incress thereto and egress there- <br />froz,. The fence shall bacor,.e the property of Lessor upon termina- <br />tion of this lease. <br />10. Lessor heresy warrants and agrees to defend the title <br />to the surface o° the above described real estate. <br />11. If the Lessor owns a lesser interest in the surface <br />of the described lands than the entire undivided title therein, <br />then the payments herein reserved and to be made to Lessor shall <br />be paid to the Lessor only in the proportion which its interest <br />bears to the whole and undivided surface estate. In the event <br />Lessor owns less than the entire undivided surface estate in said <br />• lands, Lessor agrees to indemnify and hold Lessee harmless from <br />and against any claims, suits, demands or judgments against Lessee <br />by persons owning an interest in the surface estate in said lands <br />for damages to or payments for Lessee's use of said lands here- <br />under. <br />12. The Lessee shall have no right to assign or sublet <br />this lease in part, and the Lessee shall have no right to assign <br />or sublet this lease in whole without the prior written consent <br />of the Lessor first had and obtained, however, said consent by the <br />Lessor, in the event of assignment or sublease in whole, shall not <br />be unreasonably withheld. <br />• 13. No change in the ownership of said premises or of <br />the payments due to Lessor hereunder shall be binding on the Lessee <br />• until Lessee shall have been furnished ~iith a true copy of the <br />written instrument of transfer or assignment or conveyance of said <br />interests. <br />- 5- <br />