PERMFILE112732 - Laserfiche WebLink

Home Browse Search

6.2.2. Owner shall furnish or cause to be furnished to Lessee the water rights necessary for Lessee to fulfill its reclamation obligations with respect to the Property. 6.2.3. Owner and Lessee shall be responsible for entering into and obtaining approval of a substitute supply plan and/or an augmentation agreement with respect to the Property. Lessee shall design such reclamation plan to reasonably minimize the water augmentation or replacement requirements resulting therefrom. Owner at its sole cost, shall obtain and provide to Lessee such water rights as may be necessary to fulfill Owner's obligations under augmentation agreements or plans with respect to the Property. 6.2.9. In the event Owner breaches any of its obligations to supply water to Lessee pursuant to this paragraph 6.2, Lessee shall be entitled to purchase its water requirements from a third party source and to offset the costs associated with such purchase against royalty payments due under this Lease. 7. Insurance. The Lessee agrees that, before beginning any operations on the Property, it will obtain Workmen's Compensation insurance to protect the Owner, and will at all times during the Term, or any extension thereof, keep said Workmen's Compensation insurance in full force and effect. In addition, before beginning operations, the Lessee agrees to obtain and maintain in force Owner, landlord and tenant liability insurance, for Lessee's own protection, and also naming the Owner, which insurance shall be for not Iess than $1,000,000.00 combined single limit. The personal injury and property damage insurance provided shall contain a waiver of subrogation between Owner and Lessee. Evidence of all insurance in force shall be filed with Owner, and the policies shall be non-cancelable without at least 30 days prior notice to Lessee and owner. 8. Default of Lessee. If Lessee shall fail to make any payment as herein provided to be paid within the time and manner herein specified the Owner shall have the right to give the Lessee written notice to correct any such default within fourteen (19) days. In the event any such monetary default (including failure to pay money to others, such as the payment of taxes or insurance premiums} is not corrected within such period, then the Lease shall be terminated upon the expiration of said fourteen{14) day period. If Lessee shall fail to keep or perform any nonmonetary covenant herein contained, the Owner Q/~I}alI have the right to give the Lessee written notice to correct any such /' ~ default within thirty {30) days. In the event such nonmonetary default is not corrected within such period, then the Lease shall be terminated upon the expiration of said thirty (30) day period; except that if the default cannot be practically corrected within the thirty (30) day period and Lessee has commenced corrective action and is making all practical prompt efforts to correct same, the thirty (30) day period shall be extended for so long as is reasonably required to correct the default. If any such monetary or nonmonetary default is corrected within the time periods permitted, the Lease shall remain in full force notwithstanding the said default and notice. In the event Owner terminates this Lease' as a result of a default by Lessee hereunder, i,essee shall be zequired to fulfill any obligations existing under this Lease at the time of such termination, including Paragraphs 9 and 23 hereof, and shall be liable for any claims or damages accruing or arising out of Lessee's acts or failure to act prior to termination, but shall be relieved of any further obligation hereunder. ~~~ In the event of default by Lessee which consists or the failure to pay a sum of money to others ("Third Party Payments^), such as property tax payments or insurance premiums, Owner may pay same and the amounts so paid shall be treated ~ /rt/ 6 of 14