Laserfiche WebLink
<br />• It is understood by the parties hereto that the Lessor shall not receive a share in the profits <br />from the construction material sold by the Lessee or the Operator and that the rental payments <br />received by him shall not be construed as royalty payments nor shall the Lessor receive any <br />participating interest in the severed mineral estate under this Lease. <br />6. Water Rights. Lessee shall have the privilege of using water from springs, if any, on <br />the Leased Parcel that it may need for the operation of any machinery or for the purpose of <br />carrying on its quarry operations. <br />7. Suspension, Termination or Abandonment of Operations. In the event that Lessee <br />should fail to operate such quarry in any manner for a period of more than eighteen (18) months <br />consecutively, the Lessor may declare this Lease abandoned by giving Lessee ninety (90) days <br />written notice of his intent to do so, and all rights and privileges hereunder shall cease. Such <br />operations by Lessee shall cease if and when Lessee terminates or abandons operations, or at the <br />expiration of the term of this Lease or any extension thereof, whichever first shall occur. <br />It is understood by Lessor that the Lessee shall have the right at any time that it deems <br />that the operations hereunder are unprofitable to terminate this Lease by giving ninety (90) days <br />written notice of such intention to the Lessor, and upon termination of this Lease for any reason, <br />after payment to Lessor of all sums due to him, Lessee may remove all of its personal property <br />• including machinery, materials, equipment and temporary structures leased within ninety (90) days <br />after notice of termination of the Lease Agreement. <br />8. Conduct of Operations. During the term of this lease, the Lessee may operate such <br />quarry as it sees fit, removing and selling the construction material therefrom. In so doing, Lessee <br />shall furnish its own equipment. However, ail operations will be conducted in compliance with all <br />local, state and federal environmental health and safety laws and regulations regarding air quality <br />and noise pollution standards as set forth by those regulatory agencies havingjurisdiction therein. <br />9. Cooperation by Lessor with Lessee. At the time that Lessee makes application or <br />re-application for a quarry permit to any governmental authority or authorities which have <br />regulatory control over the extraction of construction material from the Leased Parcel, Lessor <br />agrees to cooperate fully with Lessee as the applicant in obtaining final governmental approval to <br />remove construction material from the Leased Parcel. Except as herein above stated, said <br />application or re-application shall be made and pursued solely by Lessee at the sole expense of <br />Lessee and Lessee hereby agrees to indemnify and hold harmless Lessor from and against all loss, <br />costs and expenses of every kind and nature which may be incurred by Lessee in pursuing said <br />approval. <br />10. Cooperation By Lessee with Lessor. In the event that during the term of the Lease <br />Lessor makes application for any additional residential sites on that portion of the Starks Parcel <br />not subject to this Lease to any governmental authority or authorities which have legal control <br />• over the zoning and use of the Starks Parcel, Lessee agrees to cooperate fully with the applicant <br />in obtaining final governmental site plan approval for said additional residential site or sites on <br />