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2004-01-16_REVISION - M1986061
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2004-01-16_REVISION - M1986061
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Last modified
6/15/2021 2:56:02 PM
Creation date
11/21/2007 9:11:57 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M1986061
IBM Index Class Name
Revision
Doc Date
1/16/2004
Doc Name
Amendment Application
From
Oldcastle SW Group Inc dba Four Corners Materials
To
DMG
Type & Sequence
AM1
Media Type
D
Archive
No
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(b) Automobile Liability Insurance -including owned, non-owned and hired <br />vehicle coverage with limits of liability of not less than: $1,000,000, <br />combined single limit for bodily injury and property damage claims and un- <br />insured and underinsured for statutory limits. <br />Section 13. TERMINATION <br />13.01 Termination. At the termination of this Lease Agreement (either at 4 <br />years, 8 years or at 12 years as the case may be) FCM shall have, at no additional cost <br />to FCM, one (1) additional year in which to: (a) remove all gravel and rock products <br />stockpiles from the Gravel Pit area, as expanded; (b) remove all of its facilities and <br />equipment from the Gravel Pit area, as expanded; and, (3) to complete all reclamation <br />work at the Gravel Pit area, as expanded, as required under the terms of the Gravel <br />Permit, as amended. <br />13.02 Stockpiles. In the event the gravel and rock products stockpiles are not <br />removed by FCM within the time period provided in Section 13.01, the stockpiles shall <br />be deemed to be the property of Cugnini with no royalty being due to Cugnini <br />associated with such stockpiles. <br />13.03 Facilities and Equipment. In the event facilities and equipment are not <br />removed by FCM within the time period provided in Section 13.01, said facilities and <br />equipment shall be deemed to be abandoned by FGM and, at the option of the <br />Cugnini's, either considered their own property or removed and stored at the expense of <br />FCM. <br />Section 14. DISPUTE RESOLUTION <br />14.01 Good Faith Efforts to Resolve by Negotiation. Should a dispute between <br />the parties arise relating to the terms of this Lease Agreement, the parties agree to <br />meet and to discuss the basis of the dispute. Furthermore, the parties agree to use <br />good faith efforts to resolve said dispute without the need for litigation. <br />14.02 Alternative Dispute Resolution. At any time prior to the commencement of <br />a legal action regarding an unresolvable dispute, the parties may establish through <br />written amendment to this Lease Agreement, a mutually acceptable mechanism for <br />resolving disputes, other than through traditional litigation, including arbitration, <br />limitations on discovery, and expedited time frames for presentations of positions. <br />14.03 Costs and Attorneys Fees. Except as may be otherwise agreed in writing, <br />should a dispute between the parties be submitted to a third party or court for resolution, <br />the prevailing side shall be entitled to reimbursement for all costs, including attorneys <br />fees, incurred in preparation for and presentation of said dispute. <br />Cugnini Pi[ Lease <br />10/29/02 <br />Page 9 of I S <br />
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