PERMFILE63400

• Permit No: M1997087
• IBM Index Class Name: Permit File
• Doc Date: 10/9/1997
• Doc Name: LEASE AGREEMENT
• Media Type: D
• Archive: No

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23. RIGHT OF REMOVAL -- In the event this lease is terminated by
forfeiture, surrender or the expiration of its term, and all
obligations of Lessee under this lease are satisfied, all Lessee's
improvements, equipment, man-made objects or any type, stockpiles
and dumps shall be removed from the leased premises within six
months from the date of such termination at Lessee's expense. Such
removal is to be accomplished without unnecessary waste of damage to
the premises and Lessee shall restore the surface of the leased
premises to the same condition as immediately prior to the executicn
of this lease. All improvements and equipment remaining on the
leased premises six months after termination hereof shall be
forfeited automatically to Lessor without compensation and without
necessity of execution of additional doc~iments.
24. CONDEMNATION -- If the leased land shall be taken in any
condemnation proceeding, this lease shall automatically terminate as
of the date of taking. The award for such condemnation shall be
paid to Lessor, except for any specific award(s) paid to Lessee for
severed minerals reserves, in which event a percent of such specific
award(s) equal to royalty shall be paid to Lessor in lieu of royalty
lost by virtue of the condemnation. Improvements shall be removed
by Lessee per terms in the Right of Removal paragraph herein. If
only a portion of the leased land is taken by condemnation, Lessee
may, at its option, terminate this lease or terminate only that
portion of the lease so taken.
25. FORFEITURE BY DEFAULT -- It is agreed that if for any reason Lessee
shall fail to weep each and every none of the covenants herein, and
such default shall continue for a period of thirty (30) days after
service of certified, written notice thereof upon Lessee by Lessor,
this lease shall be canceled without further notice and Lessor shall
have the right to enter onto the leased premises, or any part
thereof, either with or without process of law, and to expel, remove
and put out Lessee or any person occupying the premises, using such
force as may be necessary to do so.
In the event of the termination of this lease by reason of
breach of the covenants herein contained, Lessee shall surrender and
peaceably deliver up to Lessor the above-described premises, and
such premises shall be in good condition. If, upon termination of
this lease for any reason, whether by surrender, forfeiture,
expiration of term, or otherwise, Lessee shall not have fully
complied with the terms of this lease, Lessor shall hold and retain
possession of the property, improvements, and equipment of Lessee,
as security unto Lessor for the payment of rents and royalties due
it or to protect it against liens, or to indemnify it against any
loss or damage sustained by it by reason of the default of Lessee,
for which purpose Lessor is hereby given a lien upon all such
property, improvements, and equipment, which lien shall attach as
the same are placed upon the premises. In the event Lessor shall