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PERMFILE103637
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PERMFILE103637
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Entry Properties
Last modified
8/24/2016 9:57:08 PM
Creation date
11/24/2007 10:17:39 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2002110
IBM Index Class Name
Permit File
Doc Date
10/25/2002
Doc Name
Exhibits
From
Greg Lewicki and Associates
To
DMG
Media Type
D
Archive
No
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Xl. SUPPLY OF WATER <br />Lessor agrees to grovide Lessee with a sufficient water supply for Lessee's mining <br />and other business operations including water augmentation for evaporative loss. <br />XII. TE 1uINAT1ON Ox LEASE <br />Lessee may terminate this Lease upon giving notice to Lessor at least ninety (90} days <br />prior to the next Annual Anniversary Date. lrt dre event of tennination, Lessor shalt be <br />entitled to retain all. prior payments made by Lessee and to enforce any accrued but unpaid <br />payments; in additiott, Lessee shall promptly remove its property from the Leased Property <br />and shall perform any reclamation work required by its mining permit. <br />XIII. DEFAULT OF LESSEE <br />Itt the event any default occurs in the performance of any term o: condition of this <br />Lease by Lessee, Lessor shall give notice in writing to Lessen demanding the correction or <br />removal of the default, Notice shall be deemed given R•hen deposited is the United States <br />mail, addressed to Lessee at its address stated below in Section XKI. In the event that Lessco <br />fails to correct or remove such default within thirty (30} days from the date notice is c yen, <br />Lessor may, at their option, terminate this Lease. If this Lease is terminated by Lessor <br />pursuant to this section, Lessor shag have no further rights or remedies against Lessee except <br />the forfeiture of this Lease, the collection of any accrued royalties or tnininr7un guarantees, <br />the right to acaclerete end wllect any remaining annual mtniuituxn guarantees for the balance <br />of the then current lease term, and reasonable attorneys' fees. Lessee shall have one hundred <br />twenty (120) days after termination witiain which to remove any plants, structures, or <br />equipment glared on the leased premises by Lessee and any matcriaLS mined and produced <br />but not removed on the date of tenninafion, subject to payment of royalties as provided in <br />this Lease. <br />XIV. Rl tHT4 TO ADDTTIONAt. IN .1~~9 <br />Tf any minerals as distinguished from sand, gravel, rock or dirt shall be found on the <br />Leased property, it shall belong to Lessor, provided, however, Lessee shall have first right <br />sad option to mine the minerals under the terms and conditions the parties may then agrte <br />upon. Further, if no agreement to mine the minerals is agreed to by Lessor and Lessee, <br />Lessor shall not have the right to mitae ttte minerals to the extent its mining of the minerals <br />interferes with Lessee's Gravel Mining Operations and quiet enjoyment of the Leased <br />Propezty~ <br />XV, EFFECT ©F ACRF.EMBNT <br />This agreement shall inure to the benefit of, and shall be binding on, the heirs, ]egal <br />representaiivcs, successors, and assigns of the patties. The patties' rights and obligations <br />under ttris Lease may nat be assigned or sublet without the prior v,Titten consent of the other <br />
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