REV97625 - Laserfiche WebLink

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Property for the purpose of conducting mining operations upon the Subject Property and upon adjacent properties owned or leased by Seller; provided, however, that said right of access for the purpose of conducting mining operations, including but not limited to oil and gas operations, shall not unreasonably interfere with Buyer's operations upon the Subject Property or unreasonably interfere with Buyer's Mt. Gunnison Mine operations. Before such access is allowed, Seller must receive Buyer's prior written approval which shall not be unreasonably withheld. Said prior written approval shall include mutually satisfactory arrangements between the Seller and Buyer to limit extraction to prevent subsidence. 3. Portions of the Subject Property in Section 10 and 15 are subject to a Surface Lease Agreement between Seller and Buyer dated July 27, 1982, as amended June 12, 1984. The parties agree that upon closing, this Agreement shall terminate and Buyer shall be entitled to a refund of the unused portion of the rental. 4. Upon closing, Seller shall assign to Buyer its interest in any leases other than the lease described in Paragraph 3 above, which encumber any portion of the Subject Property and which are acceptable to Buyer. Buyer shall enjoy whatever benefits, including rentals, which may accrue relative to said leases, as well as all other privileges of the lessor. Closing 1. Closing shall occur within ninety (90) days of the date of this Agreement at a dale, time and place mutually satisfactory to the parties. At closing, Seller shall: (a) Deliver a deed to Buyer in a form satisfactory to Buyer conveying title to the Subject Property as warranted at paragraph 1 of "Other Matters" below; (b) Deliver to Buyer the assignments of any leasehold interests referenced in paragraph 4 of "Property To Be Sold" section above; At Closing, Buyer shall: (a) Deliver to Seller immediately available funds in the sum of t Buyer shall be entitled to take possession upon the date of Closing. Time is of the essence in this Agreement.