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JRIV-15-2006 10:=~ Frum: <br />t 1. T.t is expressly understood and agreed that Lessee shall upon the completion of this T.easc <br />. and the: end of the term herein shall clean up sur;h pzemises aad Leave the same uc a <br />condition acceptable to the Colorado Mined Reclamation Board and to Lessor. <br />12. It is exlsressly understood and agrad that after, the expiration of the teen of this Lease, <br />and it'T.essee is in good star,d;ng wader the terms ot'this txasc, then Lessee shall have the <br />first right to negotiate tv secure a fltrther agreements to reutove sand and gravel tom said <br />prernisc;s fox an additional five year renewal pCriod, and at a royalty tau: tv be negotiatui. <br />13. his ext>rcasly understood and agreed that this Lease shall be binding upon each and all of <br />the parties hereto and their r~~pective successors of assigns, and al] persons claiming hy, <br />tltmugh or under any of them. <br />i4. T,essee ,3ha11 not assign or transfer this l.case, yr any part of it, without the prior written <br />cuttsent of Lessor, wh'sch s4ra<l not be unreasonably withheld. On any attemptc~rl <br />assigurtent without Lessor's conscot, this Lease shall, at the option of Lessor, terminate. <br />15. A. iC.essor resurves to itself' and her agents the right. at any timt, to enter the leased <br />15remisos or any part of it, to inspCCt and survey the prcnilses, and to meas•~m. the <br />tlttality of sand and $ravCl that may he in nr on the premises or that shall have <br />been mined or removed from the pn;ruises, without unnet:essarily or unreasnnably <br />funderfng or interrupting the work or operations of L89see. <br />• B. 1RSSee shall prosecute mining operations ou the leased prmiscd actively and <br />diligently, and fn a proper mannr~r auanding to the rules of good mining and the <br />laws of the State of Colorado and of the United States. Lessee shall mine all the <br />rnenhantablc minerals that can fre prtlticularly ntitlcd. <br />16. A. ftny and all modifications ur alterations of or additions to or ch:urges iu any temLC, <br />couditivns, or agreements contained herein shalt he void and not binding an rsy <br />party hereto unless set forth fn writing and signed by the parties. <br />B. T'he Ageement coastitutCS the Complete agreement by and between the potties <br />Aereto and supplants and supersedes any acrd all prior or contemporaneous <br />discassions, agreements and cllecte. <br />C. In the event that cnfottement of this Agrearnent shall be necessary, nr arty action <br />availabte to either party entails the employment v£ Legal counsel, the non- <br />provailingparry agre~:s fv pay all costs and all exper>sea o£said action incurred by <br />titC othu party, including reasonable attomcy's fees, <br /> <br />