_PERMIT FILE - M1997053 ‎(29)‎

• Permit No: M1997053
• IBM Index Class Name: Permit File
• Section_Exhibit Name: EXHIBIT N SOURCE OF LEGAL RIGHT-TO-ENTER
• Media Type: D
• Archive: No

' et seq.); The Safe Drinking Water Act (42 U.S.C. § 300f, et seq.); The Occupational Safety and
Health Act (29 U.S.C. § 651, et seq.); and any state or local statutes, regulations or ordinances. GJP
shall, at the option of GJP, defend District or reimburse District as expenses are incurred for
' District's defense against any claims,demands, actions or other matters,whether brought or asserted
by federal, state or local governmental bodies or officials or by private persons, which are asserted
pursuant to or brought under such laws. As part of its indemnification agreement, GJP agrees to
indemnify and hold harmless District from and against all costs, expenses, claims, damages, losses,
fines, penalties and governmental fees of every nature, including without limitation reasonable
attorney's fees, Court costs and expert witness fees (and in the case of environmental
indemnification reasonable consultant's fees) incurred by or asserted against GJP arising from or in
any way related to the risk, hazard or other exposure indemnified against.
' 16. Time is of the essence in all aspects and provisions of this Lease, including without
limitation payment of all amounts to be paid by GJP. If GJP fails to make payments or fails to per-
form as agreed, District may give GJP written notice of its intention to terminate this Lease. If the
' default complained of is not cured within thirty (30) days after such notice is given to GJP, this
Lease shall terminate at the option of District, and GJP shall surrender the Property to District and
' perform the reclamation work as provided in Paragraph 14. Any royalties required to be paid by this
Lease, all obligations of GJP accrued to the date of termination, all indemnification of District by
GJP and all necessary reclamation work and any obligation with respect to environmental laws or
' liabilities shall remain the obligation of GJP and shall survive the termination of this Lease by
expiration of the Term or otherwise.
' 17. If either party defaults in its performance under this Lease, or if it is necessary for
either party to take any action to enforce the terms of this Lease,the prevailing party shall be entitled
to recover from the other party, and the other party shall pay the prevailing party, all reasonable costs
' incurred by the prevailing party, including without limitation court costs and attorneys' fees,
regardless of whether actual litigation or court proceedings are involved.
' 18. Any written notice which may be desired or required pursuant to this Lease may be
given by certified or registered mail, return receipt requested. Any such mailing to either party shall
' be at the address set forth in the introductory paragraph to this Lease Agreement. A change of
address may be established by written notice in accordance with this paragraph. Such notice may
also be delivered personally with receipt taken for it. Such notice shall be effective on the date of
' mailing or on the date of personal delivery.
19. Each party warrants and represents to the other that such party has taken all actions
' necessary to make this Lease Agreement a valid obligation binding upon the party, and that all
requirements of any applicable charter, ordinance, statute, or constitutional provision regarding the
approval and execution of this Agreement have been met.
1 20. This Lease Agreement shall be binding upon and inure to the benefit of the heirs,
personal representatives, successors and assigns of the parties.
' fdwp\1698\(AMd,xs\GRAVLES.4CWD -11- Scpmmhcr 20. 1996