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G. CONTRACTOR agrees to be solely responsible for obtaining any governmental permits and licenses necessary for operation of the premises as a quarry. CONTRACTOR agrees to comply with all rules and regulations, statutes, ordinances or laws with regard to the quarry's operation. H. CONTRACTOR agrees that any timber cut to clear land for the purposes of quarrying shall be stored at an easily accessible point for the use and benefit of the owner. 4. Assignment: This Agreement is non-assignable, in whole or part, without the prior written consent of the OWNER. 5. Rights of OWNER: A. OWNER reserves the right, at any time, to enter the premises and to make inspection of the quarry.. OWNER agrees not to obstruct or otherwise hinder the operation of the quarry for purposes of inspection. B. OWNER reserves the right to perform any other acts or make conveyances provided that such acts or conveyances do not obstruct or hinder CONTRACTOR'S work. Included in these acts is the right of OWNER to graze cattle or other animals on the premises. 6. Surrender of Possession. Upon the expiration or prior termination of this Agreement, CONTRACTOR shall quietly, promptly and peacefully surrender possession of the premises. That in the event of default of any of the covenants contained herein and the failure of CONTRACTOR to cure said default withing 30 days notice, it shall be lawful for OWNER to retake possession of the premises. 7. Waiver. It is agreed that the extension of time to performanyact orthe failure of the OWNER to assert OWNER'S remedies for the breach of any of the terms of the Agreement shall not constitute a waiver for the subsequent breach or default of the terms of this Agreement. 8. Security Deposit: CONTRACTOR has deposited with OWNER the sum of $ 250.00 as a security deposit. The deposit shall be returned to CONTRACTOR within sixty days of the end of this agreement. OWNER shall be entitled to deduct £rom the security deposit any amounts of damages caused by CONTRACTOR by CONTRACTOR'S failure to perform any of the covenants and agreements contained herein. 9. Attorney's Fees and Costs. If either party must enforce any of the terms, covenants and conditions of this Agreement by legal process, the prevailing party shall be entitled to recover from the defaulting party any costs, including reasonable attorney's fees, incurred. 10. Notice: Any notices required under this Agreement shall be sent to: OWNER: Jone L. Burdick CONTRACTOR: Vazquez Brothers Stone Box 1385 Box 306 Lyons, CO 80540 Lyons, CO 80540 IN WITNESS WHEREOF, the parties have executed this Agreement the date first set forth above. OWNER: CONTRACTOR: Vasquez Brothers Stone by: Raul Vasquez Subscribed and sworn to before me this 25th day of November, 1985. Notary Public