PERMFILE112994 - Laserfiche WebLink

Home Browse Search

1 A. If Lessor determines that it desires to withdraw Parcel 2 and/or Parcel ~ from this ' lease during the term of this lease, Lessor shall give Delta Paving written notice of the withdrawal. The notice shall identify the Parcel(s) to be withdrawn and shall specify the date on which the ' Parcel(s) will be withdrawn, which date shall be at least sixty days after the notice is given. The ' Parcel(s) identified in the notice shall be deemed to be withdrawn from this lease effective as of the date specified in the notice, and Delta Paving shall have no rieh[s or obligations with respect to such ' Parcel(s) thereafter. At the request of Lessor, Delta Paving will e.eecute a document prepared by ' Lessor, acknowledging that such withdrawn Parcel(s) are no longer a part of or encumbered by this lease. ' B. Prior to mining any sand, gravel, or related materials from either Parcel 2 or Parcel ' ~, Delta Paving shall give written notice to Lessor of its intent to commence such mining activities ' on such Parcel(s). Such notice shall identify the Parcel(s) on which mining shall commence, and shall give the date on or after which Delta Paving anticipates commencing the mining activities. ' Such notice shall be given no less than sixty days and no more than one hundred twenty days prior ' to the anticipated date of commencement of mining activities on the Parcel(s) identified in the notice. In addition, no mining shall occur on either Parcel 2 or Pazcel 5 until the provisions of Pazagraph 13, ' below, have been satisfied. ' C. The first notice given with respect to a Parcel under this Paragraph 17 shall govern how that Parcel is treated thereafter. Accordingly, if Lessor gives notice with respect to a Parcel t under Paragraph 17.A., Delta Paving shall not thereafter be entitled to give notice under Paragraph 17.B. with respect to that Parcel, nor shall it thereafter be entitled to conduct any mining activities ' D:~M.tH~~G1PIPE'.FRAZtER~GR4VLEAS.VS -11-