2006-12-11_REVISION - M1994005 - Laserfiche WebLink

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e. Aggregate materials sold and removed from the Leased Property will be ve ighed on certified scales that will 6e provided and maintained by the Lessee. E. Lessee shall keep reasonable accurate records of its operations, which pertain to material removal under this Lease. Records shall be accessible for inspection, at the ottice of Lessee in Grand Junction, Colorado (or at such other location as designated by Leaenn), at reasonable times aad under reasonable circumstances, by Lessor or other repre aentative of the Lessor. 7. if Lessee shall fail to make any payment or payments when due, or shall fail to keep any covenants, Lessor may give Lessee wxltten notice of hie intention to cancel this Agreement thirty (30) days after such notice is received 6y the Lessee unless. within the thirty day period, the default complained of shall have been cured. If such default is not cured at the end of the thirty day period, this Agreement may 6e declared null and void by the Lessor. a. During the term of this Agreement, Lnsaee shall hold Lessor harmless and fully indemnify him against all clalma and demands which may be made upon it or against the Leased Property tor, or on account oE, any debt or expenses Sncurred by the Lessee. 9. Lessee agrees Chai Lessor may use, Eor agricultural purposes, those portions of the Leased Property that are not designated by the Lessee to be in the active mining area, or are not scheduled Eor imminent expansion of the mining area. Lessee agrees to provide Lessor written notice six (6) months prior to expanding the mining area in order that the Lessor may vacate any agricultural use thnt is occurring upon the expansion area. The Lessor viii hold harmless the Lessee and indemnify him against any and all claims of damage or harm to any ag ricultvral endeavors when the six month vritten notice to vacate procedure is served. lo. Lessor agrees to make available tc the Lessee, Eor gravel processing and other mining purposes, as much water as possible so as to not interfere with his ovn agricultural needs. 11. Lessor agrees that during the tern of this Agreement he viii not lease any other property to another entity, public or private, Eor the purpose of aggregate extraction or processing or a similar use. 12. This Lease may be terminated by the Lessee after six (6) months written notice to the Lessor if, in the sole opinion of the Lessee, It becomes economically unfeasible or impractical to continue thSs Agreement. At such tine, efforts for complete reclamation of any areas affected 6y mining aetivitiea conducted by the Lessee will commence immediately and will be completed in a timely fashion. 3 Colons Pit November 06 N-4