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U 1 ...\ L Jl li ~. b-2 /-1 `J~ `.iy d : b 1 AM ' JF~2CIM - 3-1 _.1998 12: SSPM ~ CETER n1nnV J UGw en lcl.n van HARRIS RUDY PC 970 d79 receive payments due from GALLEGOS under this Agreement, and insists oa receiving those payments, then GALLEGOS cosy apply such payments as directed by that beneficiary. 19 GALLEG05' Covenants to Owner, 19.1 No Mechanic's Liens. Operator covenants and agrees not to permit, and to cause to be removed and released, any mechanic's, matenalmen's or other lien an account of supplies, machinery, tools, equipment, labor or material furnished or used is connection with the constrvMion, alteration, improvement, addition to or repair of the Property by, through or under Operator. If aqy lien is Sled or r~eeorded against the Property, ox if any action affecting title to the Property is mmmeneed, Operator shall give prompt written notice of the lien and/or action to Owner. Operator shell then cause any such lien to be removed of record withirr tea days after the filing of the lien; however, Operator shall have the right to contest, is good faith and with reasonable diligence, the validity of any such lien or claimed lien, on the maditions that (i) Operator shall prevent any sale, foreclosure or forfeiture of nay interest in the Property on account of any such lien, and (ii) on final detertvinatioa of the lien or claim for lien, Operator shall immediately pap say judgment rendered, with interest and costs, and pill cause the lien to be released and say judgment satisfied, and/or (iii) Operator shall comply with any other requirements with respell to such liens as may be imposod by the holder of any mortgage. 19.2 GALLEGOS agrees to comply with all pertinent environmental health and safety lave, ordiaanoea, regulations, and court orderE, including those issued or may be issued by the Colorado Department of Health, the state and federal departments of agriculture, the Environmental Proteetiaa Agency (EPA), the 1lfine Safety sad Heakh Administration (MSH?J sad tbE Occupational Health and Safety Administration (OSHA). 2•D No Partnership. bespite anything in this Lease Agreement to the contrary, Owner is not and shall not is nay way or fnr any purpose become principal or partner of Operator in the conduct of its business, or otherwise, or a joint venturer or member of a joint enterprise with Operator under this Iaase. E.1 In cbe event of any Iegal action arisinP under this Agreement or by reason of asserted breach hereof, the prevailing party shall be entitled to recover all costs and expenses, including reasonable attorneys' fees incurred in enforcing or attempting to enforce any of the pzoviaioas hereof The failure of a party to insist upon strict wmpliance by the other party with say of the warranties, ~pJ U 1 1 P_ 1 7 P. 1 I Callt/bs-Can.Q~ts lwnas mtd Minervl Pt/reAnsee~ronnrnt, Asga !0, a/l6/9B