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4.2 Seller's Use of the Subiect Prooertv Prior to Closine Date. Prior to Closing, Seller <br />shall not cause or permit any disturbance to the Subject Property without the prior written <br />consent of Purchaser. From and after the Effective Date, Seller shall not grant any easement, <br />encumbrance, license or permit in or to the Subject Property without the prior written consent of <br />Purchaser. Any lease of all or any part of the Subject Property made by Seller must be terminable <br />by Seller on thirty (30) days notice. Seller shall preserve intact and unimpaired any and all <br />rights-of--way, easements, grants, appurtenances, privileges, leases, permits, licenses and other <br />rights in favor of or constituting any portion of the Subject Property. Further, Seller agrees to <br />pay any and all encumbrances on and through the Closing Date or termination or expiration of <br />this Agreement, whichever occurs first and not to permit any liens, encumbrances, charges or <br />other similar rights of others, recorded or unrecorded, to attach to the Subject Property. Except <br />as expressly authorized by Purchaser in writing, Seller shall not enter into or record any <br />covenant, easement, lease or other agreement affecting the Subject Property. If Seller defaults <br />under the terms of any encumbrance on the Subject Property, or in the event of any failure by <br />Seller to secure any necessary release any such encumbrance or to pay any tax, assessment or <br />levy on the Subject Property, and without in any way limiting or waiving Purchaser's rights and <br />remedies hereunder, Purchaser shall have the right, but not the obligation, to cure such breach, <br />secure such release or make such payment, as the case may be, and the cost of so doing shall be <br />deducted from the Purchase Price payable by Purchaser at Closing. Nothing in this paragraph <br />shall in any fashion impair the right of the Seller to pursue agricultural activities. <br />4.3 Water Rights Evaluation. As part of the investigation described in Section 4.1 and <br />the Required Permits described in Section 5.1, Purchaser shall conduct such studies and analyses <br />by a qualified water engineer as will allow a determination and quantification of the fraction of <br />the Weiskoph Ditch and its enlargement, described in Section 2.1(e) that will be required to be <br />conveyed at Closing in order to satisfy legal requirements imposed on Purchaser for mining and <br />processing operations and for evaporative losses during and after completion of mining. Such <br />quantified amounts will be included in the deed to be delivered at Closing pursuant to Section <br />3.2(a). RECEIVED <br />ARTICLE v. APR ~ ] 2003 . <br />CONDITIONS TO CLOSING; TITLE IVIATERIALS <br />Division of Minerals and Geology <br />5.1 Permitting Continoency. Purchaser requires as a condition to Closing that it first <br />obtain the following permits and approvals for use of the Subject Property for a sand and gravel <br />extraction and processing operation: Routt County Special Use Permit, Colorado Division of <br />Minerals and Geology Permit ("DMG Permit"), Colorado Department of Transportation Access <br />Permit and U.S. Army Corps of Engineers §404 Permit (the "Required Permits"). Seller has <br />previously approved a proposed Special Use Pemit application and DMG Permit application for <br />The Subject Property in connection with the Prior Lease. Purchaser shall diligently amend and <br />prosecute these permit applications to address issues raised in the conceptual plan approval <br />previously given by Routt County and other issues raised by applicable governmental authorities. <br />Purchaser will supply copies of the amended applications to Seller before submission to the <br />E <br />