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JUL. 10.2001 12~26PM UNITED COMPFiyIE6 NG.423 F.7 <br />1 ~ • • <br />• <br />X, IIdDEMNIFICATION <br />Lessee agrees to indemnify Lessor against liability, including any resulting costs and/or <br />attorneys' fees, oa all claims for damages and injuries to person or property that are claimed to <br />have resulted from the activities or omissions of Lessee or its agents or employees during the <br />terms of this Lease. Lessor agrees to indemnify Lessee against liability, including any resulting <br />costs and/or attorneys' fees, for any breach of the warranties set forth in Section XVII. <br />XI, EXCLi1SI`rF RG11T5 <br />Lessor agrees that during the term of this Lease, including renewal periods, Lessee shall <br />have the exclusive right and option to purchase and remove any and all sand, gravel, rock, and/or <br />dirt upon the Leased Property, <br />XII. SUPPLY OF WATER <br />Lessor agrees to provide Lessee with a sufficient water supply for Lessee's minitl,G and <br />other business operations including, but not limited to, the washing of aggregates. <br />• <br />X1II. TERMINATION OF LEASE <br />Lessee may terminate this Lease upon giving notice to Lessor at least ninety (90) days <br />prior to the next Annual Armiversary Date far the annual royalty payment, In the event of <br />teraurlation, Lessee shall be entitled to retain a]] prior payments made by Lessor and to enforce <br />any accrued but unpaid payments; in addition, Lessee shall promptly remove its property fxom <br />the Leased Property and shall perform any reclamation work regttired by its mining permit. <br />XIV. D)3FAULT OF LESSEE <br />In the event any default occurs in the performance of any term or condition of this Lease <br />by Lessee, Lessor stall give notice in writing to Lessee demanding the correction or removal of <br />the default. Notice shall be deemed given when deposited in the United States mail, addressed <br />to Lessee at its address stated below in Section XXE. In the event that Lessee fails to correct <br />or remove such default within thirty (30) days $om the date notice is given, Lessor may, at its <br />option, terminate this Lease. If this Lease is terminated by Lessor pursuant to this section, <br />Lessor shallhave no furtherrigh~ or remedies againstLessee exceptthe forfeiture of this Lease, <br />the collection of any accrued royalties or m;n;mum guarantees, the right to accelerate and collect <br />any rcmaini ro annual sninirnum guarantees for the balance of the then current lease term, and <br />reasonable attorneys' fees, Lessee shall have one hundred twenty (120) days after terminarion <br />lJ <br />