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i..' r~ ' <br />r • • Sheet 3 of 3 <br />16. This lease shell not be assigned, nor shell said premises, nor any Dart thereof, be sublet, nor shall the Lessee con- <br />sent that the same be used ar occupied by any party other than the Lessee, without the prior written consent o[ the Rail- <br />way Company. I[ any of the Co regeing conditions are violated, all of the provisions of this lease shall be binding upon <br />such assignee, sublessee, user, or occupant, and the Lessee hereby gua rentees the performance oC all such provisions by <br />any such assignee, sublessee, user, or occupant. Nothing in Lhe lest above sentence shall be deemed to be a waiver by the <br />Railway Company of the restrictions set forth in the (i rsl sentence of this paragraph. The provisions of this paragraph <br />constitute a pert of the consideration without which this lease would not have been made, end said provisions, and each <br />oC tbem, shall run with the lend hereby ]eased. <br />17. The Lessee will, at his own ezpenae, correct at the direction o[ the Railway Company any drainage problems oc- <br />casioned by construction on said premises o[ any additional buildings or facilities. <br />18. Any notice to be given under this lease shall be au[(iciently given and delivered it mailed in en envelope properly <br />stamped and addressed to the Lessee at . I~.... 0..... Box...247, ...TR.INIDAII,...COLORADO....81082 ....... <br />or to Fort Worth and Denver Railway Company, Fort Worth Club Building, Fort Worth. Texas 76101. <br />19. Lessee shall comply with all applicable laws and ordinances and all <br />rules, regulations and requirements of any Governmental authority pro- <br />mulgated thereunder controlling environmental standards and conditions <br />on the premises. If, as a result of the Lessee's occupancy of the pre- <br />mi~es and its operations hereunder, any such law, ordinance, rule, re- <br />gaulation or requirement is violated, Lessee shall protect, save harm- <br />less, defend and indemnify Lessor from and against any penalties, fines, <br />co=ts and expenses, including legal fees and Court costs incurred by <br />Lessor, caused by, resulting from or connected with such violation or <br />violations. <br />20. This Agreement is performable in Tarrant County, Texas, and Lessor <br />shall be entlitled to recover its reasonable Attorney's fees in event of <br />default hereunder. <br />iN RITNESS WHEREOF the parties have executed this instrument the day and year first above written. <br />Atte-s~t:y/~~/ FORT WORTH AND DENVER RAILWAY COMPANY <br />.. .. f..//~~~ vl. r ...... ..... ..'~""~"~'~,~~,...... By ........ .. .... ~/~. .. ........ .. ..................................... <br />Secretary. Its Regional Manager, Industrial <br />Development & PM <br />Witness <br />Attest• ................................................................................ ...... <br />~,~.~ ~ SUNDANCE COAL COh4PANY ___________________________________________ <br />......................................... ........................................... ...... t -rc.t.. ~ ..r _ . <br />Appr-ovYned ee to form: ' <br />...... XJ...C-..... ~ ............... ... <br />Attorney for Rail Company <br />Rece~m _nded: <br /> <br /> <br /> <br /> ;~' ~; <br /> ,, <br />,:. <br /> .. <br />..I <br />+' <br /> `, , <br /> <br /> ' +t <br />- i ... .•4)te <br />~i,:.., <br />` <br />;; . <br /> <br /> ,. <br /> <br /> <br />