Laserfiche WebLink
<br /> <br />on that Parcel. Similarly. if Delta Pavine gives notice with respect to a Parcel under Paragraph <br />' 17.B., Lessor shall not thereafter be entitled to give notice under Paragraph 17.A. with respect to that <br />Parcel, nor shall it thereafter be entitled to withdraw that Parcel from this lease. <br />' 18. Exhibit B also contains the legal description of a portion of the Frazier Property <br />identified as Parcel 1. Delta Paving shall not conduct any mining on either Parcel 2 Gr Parcel ~ until <br />Parcel 1 has been mined out. As used in this Paragraph, "mined out" means the removal of <br />substantially all of [he minable commercial sand and gravel from Parcel 1. <br />19. Delta Paving shall construct a sui[able fence around the area on the Frazier Property <br />on which its mining activities are conducted, in order to keep Lessor's livestock out of the mining <br />' area. As the mining area changes, Delta Paving shall move or extend the fence accordingly. <br />' ?0. If either party defaults in its performance under this lease, or if it is necessary for <br />' either party to take any action to enforce the terms of this lease, the prevailing party shall be entitled <br />to recover from the other parry, and the other party shall pay the prevailing party, all reasonable costs <br />' incurred by the prevailing party, including without limitation court costs and attorneys' fees, <br />' regardless of whether actual litigation or court proceedings are involved. <br />21. Any written notice which may be desired or required pursuant to this Lease may be <br />' given by certified or registered mail, return receipt requested. Any such mailing to either party shall <br />' be at the address set forth in the introductory paragraph to this Lease Agreement. A change of <br />address may be established by written notice in accordance with this paragraph. Such notice may <br />also be delivered personally with receipt taken for it. Such notice shall be effective on the date of <br />mailing (if the notice is mailed) or on the date of personal delivery. <br />' D~NLVi~G1PIPE`.FR4ZIER~GR4vLE.gS V5 "12" <br /> <br />