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 />
|