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Section 15. MISCELLANEOUS PROV1SlON5 <br />15.01 Non-Encumbrance or Pledge. FCM shall not encumber, use as collateral <br />or otherwise pledge the sand, gravel or rock resources owned by Cugnini or CLACC as <br />a part of a security agreement, loan or any other instrument. There shall be no <br />subrogation of FCM's rights under this Lease Agreement. <br />15.02 Binding and Non-Assignable. This Lease Agreement shall be binding upon <br />and inure to the benefit of the parties hereto, their heirs, legal and personal <br />representatives and successors. However, this Lease Agreement and any rights granted <br />thereunder sha{I be non-transferable and non-assignable by FCM, in whole or in part, <br />without the express written consent of Cugnini and CLACC. <br />15.03 Amendments. Any amendments to this Lease Agreement shall be made <br />in writing, properly executed by the parties. <br />15.04 Counterpart and Facsimiles. This Lease Agreement may be executed by <br />the parties in counterpart and facsimile transmission of any signed or original of this <br />Lease Agreement and retransmission of any signed facsimile transmission, shall be the <br />same as transmission of an original. <br />15.05 Not a Partnership or Joint Venture. This Lease Agreement does not <br />constitute, nor shall it be construed to imply, a partnership or joint venture between the <br />parties. <br />15.06 Survival of Terms after Termination. The obligations and terms stated <br />herein that are to be completed within one year after termination of this Lease <br />Agreement survive termination of this Lease Agreement and can be enforced by the <br />parties either in law or in equity in accord with Section 14 herein. <br />AGREED TO AND EXECUTED BY: <br />Dat ~ ~ (S 2 <br />PATRICK L. CUGNINI IVING TRUST <br />~ m --r~ <br />Y• <br />RICK L. CUG INI, T TEE <br />Cugnini Pit Leaze <br />1029/02 <br />Page 10 of IS <br />