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to indemnify shall include payment of Owner's attorney's fees and expert witness <br />and consultant's fees and other costs of suit. Lessee shall have full right to <br />settle or compromise any litigation or claim, provided such settlement or <br />compromise fully indemnifies and holds Owner harmless; and Owner shall cooperate <br />fully in any such settlement or compromise. Owner shall give Lessee written <br />notice of the assertion against Owner of any matter covered by the indemnity, <br />promptly after such assertion is first made. <br />24. Waiver. Waiver of any one default shall not constitute waiver of any <br />other, further or subsequent default. <br />25. Mediation. If a dispute arises relating to this mining lease and is <br />not resolved, the parties shall first proceed in good faith to submit the matter <br />to mediation. Mediation is a process in which the parties meet with an <br />impartial person who helps to resolve the dispute informally and confidentially. <br />Mediators cannot impose binding decisions. The parties to the dispute must <br />agree before any settlement is binding. The parties will jointly appoint an <br />acceptable mediator and will share equally in the cost of such mediation. The <br />mediation, unless otherwise agreed, shall terminate in the event the entire <br />dispute is not resolved 30 calendar days from the date written notice requesting <br />mediation is sent by one party to the other. This Section shall not alter any <br />date in this mining lease unless otherwise agreed. <br />26. Attorney Fees and Cost of Suit. in the event that either party default <br />in its obligations hereunder, each party shall pay their own attorney fees and <br />costs, except in the case of monetary default on the part of the Lessee. In <br />which case the Owner shall be entitled to reasonable attorney fees, expert <br />witness fees and cost of suit. <br />27. Recording. Either party may record a memorandum of this Lease in the <br />appropriate real property records in the county in which the Property is <br />located. <br />28. No Partnership. It is the intent of the parties that this instrument <br />establish a lease for the extraction of Sand 5 Gravel and is expressly recited <br />that this instrument shall not constitute Lessee the agent of Owner for any <br />purpose and this instrument shall not create a joint venture or partnership. <br />29. Captions. The captions or paragraph heading in this document are <br />inserted for convenience of reference only and shall in no way define, limit or <br />prescribe the scope or intent of any provision of this document. <br />30. Modifications. Any amendment or modification to this Agreement shall <br />be in writing signed by all parties hereto. <br />~~ <br />~iSL <br />12 of 14 <br />