21. Successors and Assigns. Without the prior written consent of Owner,
<br />which will not be unreasonably withheld, Lessee shall not assign this lease, or
<br />sublet or grant any concession or license to use the premises or any part there-
<br />of. Consent by Owner shall not be required for assignment or subletting to
<br />another subsidiary of Lafarge Corporation. A consent by Owner to one
<br />assignment, subletting, concession, or license shall not be deemed to be a
<br />consent to any subsequent assignment, subletting, concession, or license. An
<br />assignment, subletting, concession, or license without the prior written consent
<br />of Owner, or an assignment or subletting by operation of law, shall be void and
<br />shall, at Owner's option, terminate this Lease. This Lease shall be binding to
<br />the heirs, successors, assignees, and transferees of the Owner or the Lessee
<br />22. Access for Reclamation. Following the expiration or termination of
<br />this Lease, other than by reason of default of Lessee prior to expiration of the
<br />Term hereof, Owner covenants that Owner will not conduct or authorize others to
<br />conduct any further extraction of Sand b Gravel from the Property in any manner
<br />which will impair Lessee's ability to complete its reclamation obligations or
<br />otherwise obtain release of any financial warranties or bonds it has posed to
<br />secure its performance or discharge of such responsibilities, provided Lessee is
<br />diligently pursuing such release. Following expiration or termination of this
<br />Lease for any reason, unless Owner shall desire to continue operations for
<br />extraction of Sand & Gravel (either by Owner or through an operator or other
<br />lessee), Lessee shall have the right and obligation to enter the Property and
<br />effect on the Property such restoration, reclamation and rehabilitation as may
<br />be required in order to discharge the 'responsibilities which Lessee has assumed
<br />pursuant to Paragraph 9 and to procure release of any bond or other security
<br />provided by Lessee.
<br />23. Environmental Matters. Lessee shall not keep or have on the Property
<br />any article or thing of explosive character that might unreasonably increase the
<br />danger of fire on the Property or that might be considered hazardous by any
<br />responsible Insurance company. Owner understands that Lessee intends to store
<br />gasoline, diesel fuel, concrete admixtures, and other pertinent materials
<br />necessary to operate a Concrete Plant, or Asphalt Plant, or Aggregate Production
<br />facilities. Lessee, its agents, employees, contractors and invitees shall use
<br />the Property and conduct any operations thereon in compliance with all
<br />applicable federal, state and local environmental statutes, regulations,
<br />ordinances and any permits, approvals or judicial or administrative orders
<br />issued thereunder. Lessee hereby agrees to indemnify, defend and hold harmless
<br />Owner and their agents and employees (all of such entities and persons being
<br />referred to herein individually as "Indemnified Person") from and against any
<br />and all liability, claims, demands, actions and causes of action whatsoever
<br />(including without limitation reasonable attorneys' fees and expenses, and costs
<br />and expenses reasonably incurred in investigating, preparing or defending
<br />against any litigation or claim, action, suit proceeding or demand of any kind
<br />or character) to which any Indemnified Person may be subject insofar as they
<br />arise out of or relate to any alleged contamination of the Property arising from
<br />any violation of Lessee's obligations under this paragraph. The obligations set
<br />forth in this paragraph shall survive the expiration or termination of the term
<br />of this Lease or the exercise of any of its remedies hereunder.
<br />23.1 Indemnity Against Claims of Others. Lessee shall fully indemnify and
<br />hold Owner harmless from any demand, claim or cause of action for personal
<br />injury, death, property damage, brought against Owner by a person or entity not
<br />a party hereto., arising out of or connected with any operations or activities
<br />~_ O yi/~~conducted or performed on the Property by Lessee or its successors, tenants,
<br />~~1 agents, employees, contractors, customers, invitees or assigns. The obligation
<br />11 of 14
<br />
|