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(j) Change in ownership or majority control of either party will not affect the <br />parties respective obligations relating to this Agreement, nor will it constitute a cause for <br />termination. <br />(k) In the event of auy dispute arising under this Agreement, the prevailing party <br />in such dispute shall be entitled to recover, in addition to such other amounts to which it may <br />be entitled, its reasonable attorneys fees incun-ed in connection with such dispute. <br />27. Special Provisions: <br />(a) LESSEE shall be responsible at its sole expense to obtain all Federal, County <br />and State permits necessary or required in connection with its operation. <br />(b) LESSOR reserves the right of access to the Leased Premises at all times, and <br />at LESSOR's sole risk, subject to the condition that the exercise of this right shall not <br />interfere with LES5EE's operation. <br />(c) LESSEE agrees to conduct its operation so as not to cause excessive dust <br />andlor air pollution. <br />(d) If any gold is recovered from the processing plant it will be divided equally <br />(50!50), after expenses, between the LESSEE and LESSOR- <br />(e) The parties agree that auy machinery and other equipment which may be <br />located on the Property as of the Effective Date ofthis Agreement may be leased by LESSEE <br />under a separate equipment lease agreement to be negotiated by the parties hereto. If <br />LESSEE shall desire to lease any or all such machinery and/or equipment, it shall so notify <br />LESSOR and the parties agree thereafter to cooperate and work together in good faith to <br />prepare and enter into a mutually acceptable lease instrument. <br />(~ The parties agree that the use of the two cabins located on the Property are <br />not included in this Agreement; provided that LESSEE shall have the first right of <br />negotiation to lease one or both of the cabins from LESSOR on terms and conditions <br />mutually acceptable to the parties, and LESSOR agrees that it will not lease, rent or grant any <br />occupa~rcy right in the cabins unless and until it shall have notified LESSEE of its desire to <br />do so and shall have provided LESSEE at least sixty (60) days within which to negotiate a <br />lease with LESSOR. In no event shall LESSOR grant a lease, rental agreement or other <br />occupancy right in the cabins to any other person which shall iri any way interfere or conflict <br />with the rights of LESSEE under this Agreement or LESSEE'S training activities and <br />operations on the Property. <br />09/06/2002 L.G. Hverist /Rock Island Land Co. Page 12 <br />Oplion and Lease Agreement <br />