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24. :a}:es. OptioneP s;-.all oav, ~:-`yen due, all real <br />property tzx.es '_E•:iEd acain~t the r.lra Place: and all ae:eonal <br />property taxes a.^.c Uthe: tc.Y.ES t`.aC ma.~ t~~ lEV1Ed acair._=t an <br />Equipment, ir..~-c~~ements ur fi>:turES located un or usEd i <br />conjunction Mite, the use, uo~ration or IlalntEn2nCe o` the Alma <br />Placer. <br />25. Quiet ~niovment. Upon paymEnt by Optiunee of the <br />rents and royalties r:erein provided, and upon the observance <br />and performance o` all of the covenants, tErms and cunditior.s <br />on Optionee's par: to be ub:served and perforrt~ed, Optionee shall <br />peaceably end quietly hold and enjoy the Alma Placer premises <br />for the term herein without hindrance or interruption by the <br />Trust or any other person or persons la~~fully or equitably <br />claiming by, throuGh or undeat the Trust, subject, nevertheless, <br />to the terms and conditions of this Agreement. <br />26. Notices. Any notice, demand, approval, consent, bill, <br />statement, or other communication reguired or desired to be <br />given under this Agreement in writing shall he directed to the <br />appropriate party at its address as set forth hereinabove and <br />shall be personally served or given by mail, and shall be <br />deemed to have been given upon deposit in the United States <br />Mail, postage pre-paid, certified mail, return-receipt <br />requested. <br />27. Miscellaneous. <br />a) Relationship of Parties. Nothing contained in~ <br />this Agreement shall create any relationship between <br />the parties hereto other than that of landlord and <br />tenant, and it is acknowledged and agreed that the <br />Trust does not in eny way or for ary purpose become a <br />partner of Optionee in the conduct of its business, or <br />a joint venturer or a member of a joint or common <br />enterprise with Opt:ionee. <br />b)._ Applicable Law ~ and Construction. This lease <br />.. : •, shall •.be.: governed by and construed under the laws of <br />• the State of- Colorado and 'its provisions shall be <br />construed•as a -whole according to their .common meaning <br />- and not =.strictly for or against the Trust or <br />Optionee. Time is of the essence of this Agreement <br />and each of its provisions. The captions of the <br />paragraphs' are include8 for convenience- only, and <br />_. shall have no effect upon the construction or <br />interpretation of this Agreement. <br />c) Entire Agreement. This Agreement contains the <br />entire Agreement etween the parties hereto with <br />respect to the subject matter of this .Agreement. <br />- 8 - <br /> <br />