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2007-02-09_REVISION - M1986015
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2007-02-09_REVISION - M1986015
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Last modified
6/15/2021 5:42:26 PM
Creation date
11/21/2007 1:50:32 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1986015
IBM Index Class Name
Revision
Doc Date
2/9/2007
Doc Name
Additional materials
From
Southwestern Ecological Services
To
DRMS
Type & Sequence
AM3
Media Type
D
Archive
No
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the 30-day period shall be extended for so long as is reasonably required to correct the default, <br />but not longer than ninety (90) days, and during and for such period the minimum royalty <br />obligation will be suspended. Lessee shall also have such other rights and remedies available at <br />law or in equity. <br />(2) Total or Partial Condemnation. 7f during the Term Lessee's right <br />under this Lease to mine and remove Minerals or remove, mine or produce Aggregate Products is <br />completely or partially denied as the result of a condemnation, Lessee may elect to (i) terminate <br />this Lease in which case Lessee shall be released of all of its obligations hereunder and shall <br />assign its claims against the condemning authority arising from the condemnation (other than <br />claims for costs of removal of equipment) to Lessor, or (ii) continue this Lease, in which case <br />Lessee shall receive from the condemnation award the value of the unexpired term of this lease, <br />which shall be deemed to be the value of unextracted (or extracted and unsold) minerals for the <br />remainder of the lease and the value of any improvements made by Lessee. Lessor shall receive <br />any value attributable to the remainder interest of the Property condemned, and seven percent <br />(7%) of the condemnation award received by Lessee. For purposes of this subpazagraph <br />14(b)(2), a "condemnation" is intended to mean a judicial proceeding initiated by a governmental <br />authority, or a private right of condemnation under [he constitution of the State of Colorado, and <br />is not intended to include a change in governmental regulation or a change in the manner in <br />which such governmental regulation is interpreted or enforced, even if any such change has the <br />same effect as a condemnation. In the event Lessee should exercise its right to terminate this <br />Lease as provided in this 14(b)(2), Lessee shall remain responsible for complying with applicable <br />laws and regulations relating to Lessee's mining operations on the Property prior to termination, <br />including reclamation and water augmentation. <br />s:\lega~wkdLLmwpuebloUease.doc tb <br />
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