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. ~ II~I111161~ ~11111IIII 111111 ilill lllllllll 11111 IIII i.rl <br />326707 04/20/2000 00e30R Key Meinlend <br />3 of 3 R 0.00 D 0.00 Rou!{ Coup{y, CO <br />f. Lessor shall not have the right to sell Materials to other parties during the term of <br />l this Lease, nor shall the Lessor have the right to set up and operate his own equipment for the <br />purpose of quarrying, ntiniag or removing Materials, except Lessor shall have the right to use <br />the Materials in a non~om~rcial manner on the premises described herein in Paragraph 1. <br />g. Lessee shall provide a gate with padlock at the entrance to U.S. Highway 40 with <br />a key for Lessee and one for Lessor. The livestock-proof gate shall remain locked when <br />Lessee is not utilizing the site. Lessee will install a cattle guard beneath the gate. <br />6. Right of Assigmnent. Lessee shall not assign this Lease, or enter into sublease <br />agreements concerning the Premises during the term of this Lease without the prior written <br />consent of Lessor, which consent shall not be unreasonably withheld. <br />Lessor may assign Lessor's rights under this Lease with the prior written consent of <br />Lessee, which consent shall not be unreasonably withheld. <br />7. Protection and Restoration of Surface. Lessee agrees upon termination of this Lease <br />to replace all Materials not used and backslope or grade such area in accordance with Colorado <br />Division of Minerals and Geology regulations. Topsoil stripped off in opening the gravel pit <br />shall be spread in a [Wanner to be tillable, to lie utilized later in reclamation per Colorado <br />Division of Minerals and Geology regulations and directions. <br />8. Indemnification of Lessor. Lessee agrees to indemnify Lessor against all liability <br />for injuries to persons or property caused by the negligent use or occupancy of the Premises <br />during the term hereof by Lessee or its subcontractors. <br />9. Liens and Notices. Lessee agrees to save and keep harmless the Lessor and said <br />Premises from liability and claim or lien for work done, .services rendered or Materials <br />furnished in respect to the Premises; and to forthwith post and at all times to keep posted in <br />some conspicuous place upon the Premises a notice that the Premises are being worked by the <br />Lessee and that the interest of the Lessor shall not be subject to any liens for services, labor or <br />Materials furnished upon or used'in connection with this Lease or the Premises, the notice to <br />be on behalf and in the [tame of the Lessor, with the signature of the Lessee's representative <br />also attached. <br />10. Workmen's Compensation Lvttrance. Lessee assumes full responsibility in case of <br />accident to Lessee, its servants, agents, or any person employed on the Premises by Lessee and <br />agrees to hold Lessor harmless from any suit for injury or accident arising out of employment. <br />Lessee shall maintain at all times workmen's compensation insurance pursuant to the laws of <br />the State of Colorado and shall comply in all respects with any state or federal laws pertaining <br />to employment of persons in the operations on the Premises. Lessee shall render a statement at <br />Lessor's request to Lessor that the compensation coverage is in full force and effect. <br />11. Permits. Lessee shall be responsible for obtaining and complying with all <br />necessary local, state and federal permits at no cost to Lessor. <br />12. State and Federal Laws. Izssee shall comply with the-laws of the State of <br />Colorado and with Social Security, unemployment insurance and all other state and federal <br />3 <br />