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against LESSOR. LESSEE agrees to idemnify and hold LESSOR harmless <br /> against any and all claims and demands of any kind or nature that may be <br /> made against LESSOR or against the leased premises for or on account of <br /> any debt or expenses contracted for or incurred by LESSEE, his agents, <br /> representatives, or employees, and from and against the cosequences of <br /> any act, omission, or transaction of LESSEE, his agents, employees, or <br /> representatives. <br /> 16. To disclose fully that LESSEE is an independant contractor. It is <br /> expressly understood that LESSEE and LESSOR are not partners or joint <br /> venturers and that neither party has the power to represent or bind the <br /> other party in any manner what so ever. Nothing contained in this Lease <br /> shall be construed as making LESSOR the partner or associate of LESSEE <br /> nor shall it be costrued as making LESSOR liable for any debts, liabilities, <br /> or obligations of LESSEE. <br /> 17. To assign the mining permit currently in effect for said quarries <br /> to LESSOR, if said permit was assigned to LESSEE, at the expiration of the <br /> term of this Lease or any extensions there for the sum of $1 .00. <br /> LESSOR AGREES: <br /> 1 . To warrent title of the subject property and that he has the right <br /> to enter into this Lease. <br /> 2. To permit LESSEE the right to use existing roads over other <br /> property of LESSOR for the term of this Lease to get to and from the <br /> quarries to the public road. <br /> 3. To grant LESSEE the exclusive right to quarry on said premises. <br /> IT IS EXPRESSLY UNDERSTOOD AND AGREED that if LESSEE default in <br /> the preformance of any of the terms of this Lease, LESSOR may declare the <br /> term of this Lease ended, and LESSEE shall there after be deemed to be <br /> detaining said premises forcibly and unlawfully. In the event that LESSEE <br /> remains in possession of the premises after default or breach of this <br /> Lease, LESSOR may evict LESSEE and/or bring other legal action to regain <br /> possession of the premises without terminating LESSEE's liability for <br /> payment of royalties or for the preformance of any of the other conditions <br /> and convenants of this Lease. <br /> If LESSEE breaches this Lease but does not abandon the premises, <br /> LESSOR may, alternatively, continue to treat the Lease as being in full <br /> force and effect and bring in action for damages against LESSEE without <br /> terminating LESSEE's right to possession. <br />