PERMFILE103637 - Laserfiche WebLink

Home Browse Search

party, which coxtsent shall not be unreasonably withheld, Lessee shall have the right to subwniract with others for the performance of estploratYOn, development and mining work on the Leased Property, aubjeot to all terms of this Lease, but a subcontract shall not relieve Lessee of its obligations under this Least to Lessor. XVi. R"W'AR12AI`TIL~ Lessor represents and warrants that they possess fee simple title to the Leased Property, that they have the right, authority and power to enter taro this Lease and that by doing se they aze not interfering wish the mineral rights of any third party; and that there are no claims, goverYUtrental contention or litigatiou pending or threatened concerning or affecting their right, authority and power to enter into this Lease. Lessor further represents and watxaats that the only encumbrances upon the Leased Property are those described in Exhibit B. Lessor agrees to timely pay all amounts due on encumbrances on the Leased Property, or arty part thereof, and to not allow the leased premises, or any part thereof to be foreclosed upon. In the event of a breach of this Lease, Lessee may, but is not obligated to, cure nay default on such encumbrances; in which case, Lessee shalt ba emitted to set off against amounts otherwise due. Lesson, any and all amounts so expended, including Lessee's reasonable attorneys' foes ant expenses therefrom, and including interest on amounts so expended at the rate of tcvalve percent (l2°!0) per annum. XVII. MEMOIL4NDUM OP LPASE Lessor and Lessae agree to execute concurrently with the axxution of this Gravel Lease Agecement, a Memorandum of Lease in a form suitable for recording with the Clerk and Recorder of Mesa County, Colorado. The Memorandum shall be recorded at Lessee's expense. XV1II. DISpITTF_ 1tESOLLITION In the event of a dispute of any Jcind or nature arising out of this Lease, the parties shall negotiate in good faith m resolve the dispute. If no resolution can then be reached, either party may resort to an appropriate court. In such case, the court shall award costs of litigation and reasonable attorneys' fees to the prevailing party. XA. E', F AGP.ESM~,t~'T' Lessor and Lassen agree that this Lease contains the entire agreement between the parties. Arry modification of tins Lease shall be binding only if evidenced in carting signed by each party er an autlwrizcd representative of each party.