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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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XI. SUPPLY OF WATER <br />Lessor agrees to provide Lessee with a sufficient water supply for Lessee's mining <br />and other business operations including water augmentation for evaporative loss. <br />XII. TERMINATION OF 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. In the event of termination, Lessor shall be <br />entitled to retain all prior payments made by Lessee and to enforce any accrued but unpaid <br />payments; in addition, 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 />In the event any default occurs in the performance of any term or condition of this <br />Lease by Lessee, Lessor shall give notice in writing to Lessee demanding the correction or <br />removal of the default. Notice shall be deemed given when deposited in the United States <br />mail, addressed to Lessee at its address stated below in Section XXI. In the event that Lessee <br />fails to correct or remove such default within thirty (30) days from the date notice is given, <br />Lessor may, at their option, terminate this Lease. If this Lease is terminated by Lessor <br />pursuant to this section, Lessor shall have no further rights or remedies against Lessee except <br />the forfeiture of this Lease, the collection of any accrued royalties, and reasonable attorneys' <br />fees. Lessee shall have one hundred twenty (120) days after termination within which to <br />remove any plants, structures, or equipment placed on the leased premises by Lessee and any <br />materials mined and produced but not removed on the date of termination, subject to <br />payment of royalties as provided in this Lease. <br />XIV. RIGHTS TO ADDITIONAL MINERALS <br />If 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 />and option to mine the minerals under the terms and conditions the parties may then agree <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 mine the minerals to the extent its mining of the minerals <br />interferes with Lessee's Gravel Mining Operations and quiet enjoyment of the Leased <br />Property. <br />XV. EFFECT OF AGREEMENT <br />This agreement shall inure to the benefit of, and shall be binding on, the heirs, legal <br />representatives, successors, and assigns of the parties. The parties' rights and obligations <br />under this Lease may not be assigned or sublet without the prior written consent of the other <br />party, which consent shall not be unreasonably withheld. Lessee shall have the right to <br />subcontract with others for the performance of exploration, development and mining work on <br />
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