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~ ~ <br />..4Ko <br />~• <br />5. In the alternative, the lessor at his option, may <br />require the lessee to provide him with an account of the <br />number of loads extracted from which the number of tons <br />extracted will be calculated. <br />6. Lessor agrees that upon a determination being made <br />of the number of tons of gravel which have been extracted <br />fr~~m the real property a voucher will be submitted to the <br />Co~~nty Administrator who will in turn present it to the <br />members of the Board of County Commissioners for approval <br />anc9 ultimate issuance of a Warrant. The lessor recognizes <br />the statutory duty on the part of the Members of the Board <br />of County Commissioners to publish all of the Lessee's <br />ex~~enditures, and therefore further agrees that payment to <br />thf~ lessor for gravel extracted shall not be more often than <br />monthly. <br />7. The lessor agrees that the lessee may procure an <br />Qwnership and Encumbrance Report from the Menke Abstract <br />Company which will determine whether any liens or <br />en<umbrances exist of record which need to be subordinated, <br />released, or removed so as to enable the lessee to remove <br />gravel from the leased premises free of any claims by a <br />prior encumbrancee, if any. In the event liens or <br />encumbrances exist the lessor agrees to forthwith accomplish <br />the°ir subordination, release or removal. Failure to <br />accomplish the subordination, release or removal of any pre- <br />existing lien or encumbrance will entitle the lessee to the <br />immediate termination of this agreement without any recourse <br />in the lessor. <br />8. The lessor agrees that the lessee may file for <br />record this written lease agreement so as to give <br />constructive notice to everyone of the interest of the <br />lessee in the leased premises. <br />9. The lessee agrees to assume full responsiblity for <br />the procurement of a 110 permit from the Colorado Department <br />of Natural Resources, Mined Land Reclamation Division in <br />accordance with the provision of C.R.S. 34-32-101 et seq. <br />and to further comply with every aspect of any plans <br />submitted to said Mined Land Reclamation Division upon which <br />the granting of the permit is conditioned. <br />10. The lessee further agrees to indemnify and hold the <br />lessor harmless from any claims which may be asserted <br />against the lessor, the lessee, or both, as a result of the <br />invocation and application. of said C.R.S. 39-32-101 et seq. <br />or any regulation formulated by authority thereof or <br />pursuant thereto. <br />11. The lessee further agrees that if the procurement <br />of a survey plat is required by the personnel of the <br />Colorado Department of Resources, Mine Land Reclamation <br />Division as part of the necessary documents to be filed with <br />sai3 agency in order to obtain a permit, the lessee will <br />procure said survey plat at its sole expense. <br />12. The lessee hereby further agrees to indemnify the <br />lessor against and to hold lessor harmless from any and all <br />claims or demands for loss o.f or damage to property or for <br />injuries or death to any person from any cause whatsoever <br />while in, upon, or about the leased premises or the roads <br />adjscent thereto during the term of. this lease or any <br />extension of this lease. <br />13. The lessee agrees to keep in full force and effect <br />