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as a loan from Owner to Lessee pursuant to this Lease which shall be immediately <br />due and payable, subject only to the foregoing notice and cure periods. <br />Notwithstanding the foregoing, so long as Lessee is protesting the amount or <br />validity of the Third Party Payment in good faith, in an appropriate forum, <br />Owner shall not be entitled to make such Third Party Payment or declare a <br />default by virtue of Lessee's failure to make such payment, provided that such <br />proceedings by Lessee do not create a material danger of loss of Owner's title <br />to the Property. <br />9. Reclamation. Lessee shall reclaim the Property substantially in <br />accordance with the mutually agreed (as per section 15.1) upon reclamation plan. <br />Notwithstanding termination of the Lease for any reason, Lessee's obligation to <br />reclaim shall continue until proper completion thereof. Lessee shall post and <br />obtain the release of any reclamation bond or other financial warranties or <br />undertakings which must be posted with any governmental authorities. Reclamation <br />shall be performed in accordance with all applicable government regulations, and <br />Lessee shall bear the burden of compliance with all changes in such regulations. <br />No changes shall be made in the reclamation plan unless approved by Owner, which <br />approval shall not be unreasonably withheld. <br />11. No Action by Owner to Limit Mining. Owner shall take no action which <br />would cause or encourage the loss or restriction of Lessee's right under <br />applicable government regulations to excavate' Sand & Gravel from the Property <br />in the maximum quantity possible, provided that this paragraph shall not emit <br />Owner's rights to terminate this Lease for default or to make objection after <br />notice to Lessee to applicable governmental authorities as to mining or <br />operating practices which are in violation of Lessee's mining or reclamation <br />plans or permits and which violations constitute defaults under this Lease. <br />12. Other Parties. The Lessee has been made aware that the Owner has had <br />previous discussions with Jarle Halsnes and Elam Construction Co., Inc. related <br />to the Property. In order for the Owner and the Lessee to proceed with this <br />Lease. It is agreed that the Owner and the Lessee shall offer the following <br />opportunities. <br />12.1 Finder's Fee. In recognition of services rendered by Jarle Halsnes, <br />which may include facilitation of meetings, soil surveys, and site studies, the <br />Owner and Lessee shall pay Jarle Halsnes a sum of <br />contingent upon execution of an agreement between Jarle Halsnes, Owner <br />and Lessee stating that Halsnes has no claims against the Owner and Lessee and <br />the delivery by Halsnes of all documents prepared during the term of the Letter <br />of Intent dated 2 June, 2000, and/or the agency relationship described in a <br />letter dated 1 June, 2000, between Halsnes and the Owner. The Owner shall <br />handle all negotiation with Halsnes related to the Property. In the event Jarle <br />Halsnes brings any action against the Owner or Lessee no part of the Finder's <br />Fee shall be paid. <br />Within sixty (60) days and contingent upon the Lessee obtaining all of the <br />following four operating permits: Routt County Special Uses Permit, Colorado <br />Division of Minerals and Geology Permit, Colorado Department of Transportation <br />Access Permit, and US Army Corps Engineers 909 Permit. the approval of permits <br />from Routt County, Colorado DMG, Colorado Dept. of Transportation, and US Army <br />Corps of Engineers, the Owner and Lessee shall pay Jarle Halsnes an additional <br />~~/r// sum of <br />%v~, The finder's fee shall be divided equally between Owner and Lessee. <br />® /~'' , <br />~~ 7of14 <br /> <br />