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2007-09-17_REVISION - M2000030
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2007-09-17_REVISION - M2000030
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Entry Properties
Last modified
6/15/2021 2:45:08 PM
Creation date
11/22/2007 1:36:15 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2000030
IBM Index Class Name
Revision
Doc Date
9/17/2007
Doc Name
Reclamation permit application form
From
Elam Construction, Inc.
To
DRMS
Type & Sequence
AM1
Media Type
D
Archive
No
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22. No Partnershin. Nothing contained in this Lease is intended to create any partnership, joint <br />venture or association between Lessor and Tenant or in any way tomakeLessor co-principal <br />with Tenant with respect to the Leased Premises and any inferences to the contrary are <br />hereby expressly negated. <br />23. Right to Redeem. Lessor agrees that Tenant shall have the right at any time to redeem or <br />protect the Leased Premises from any foreclosure, execution or other forced sale which <br />would impair Tenant's interest hereunder, by payment of any mortgages, taxes or otherleins <br />on the Lessor's Property in the event of default of payment by Lessor (to the extent Lessor is <br />obligated to pay same). Such payments so made by the Tenant without limiting Tenant's <br />other remedies shall be deducted from the Production Royalties or other money due, or <br />which may become due, to the Lessor from Tenant, during the term of this Lease. <br />24. Remedies Cumulative: No Waiver. The rights of termination set forth herein are cumulative <br />and not in lieu of any other right a party may have hereunder in the event of default by the <br />other, provided that in all cases notice and an opportunity to cure shall be given before <br />remedies for default aze enforced. Failure of Lessor or Tenant to complain of any act or <br />omission on the part of the other party, no matter how long the same may continue, shall not <br />be deemed to be a waiver by said party of any of its rights hereunder. No waiver by Lessor or <br />Tenant at any time, express or implied, of any breach of any provision of this Lease shall be <br />deemed a waiver of a breach or any other provisions of this Lease or a consent to any <br />subsequent breach of the same or any other provision. No acceptance by Lessor of any <br />partial payment shall constitute an accord or satisfaction but shall only be deemed a part <br />payment on account. <br />25. Successors and AssiQrts. This Lease shall inure to the benefit of and bind the permitted <br />successors, representatives and assigns of the parties hereto. <br />26. Confidentiality: Recording. The parties agree that the terms and conditions of this Lease are <br />confidential and shall not be disclosed to any third party without the consent of the other. <br />Neither party shall record this Lease without the consent of the other. The parties agree to <br />execute a short form lease for recording to provide record notice of this Lease without <br />disclosing the economic terms thereof. <br />27. HeadinQS. The headings of the Sections of this Lease aze for convenience of reference only <br />and aze not a part of the substantive provisions of this Lease. <br />28. Entire Aereement. This Lease supersedes all prior negotiations, agreements and <br />understandings between the parties regazding the subject matter hereof. This Lease contains <br />the entire agreement between the parties hereto, and neither it nor any part of it may be <br />changed, altered, modifies, or limited orally or by any agreement between the parties unless <br />such agreement be expressed in writing, signed by the Lessor and Tenant, or thew respective <br />heirs, personal representatives, successors and assigns. <br />
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