Laserfiche WebLink
DEFAULT: It is further understood and agreed that in the event <br />,• the Lessee shall discontinue operations for a period of three (3) <br />months, the Lessors may, at their option, cancel .this Lease upon <br />giving ten (10) days written notice thereof, to the Lessee <br />addressed to them at Canon City, Colorado unless such <br />discontinuance is caused by an Act of God, or a strike effective <br />throughout Fremont County, Colorado or other causes beyond the <br />reasonable control of the Lessees. <br />" On the 10th day of each month during the continuance of this <br />Lease, the Lessee agrees to furnish a report to the Lessors showing <br />' the actual amount of coal mined from tl~e premises during the <br />preceding month. <br />It is mutually understood• and agreed by and between the parties <br />that each of the foregoing conditigr:s, obligations, or covenants <br />required of the Lessee to be kept and performed is necessary for <br />the proper protection of the Lessors in the premises, and that <br />should the Lessee fail to keep any covenant, condition or <br />obligation, herein set forth, then, in such event the Lessors may <br />at their option declare this contract forfeited upon giving the <br />Lessee thirty (30) days written notice of such intention to <br />declare a forfeiture, which said notice shall specify the reasons <br />for such forfeiture. Such notice shall either be delivered <br />personally to said Lessee at the leased premises or by certified <br />mail addressed to it at. Canon City, Colorado. And. in .,the..ev,ent <br />of such cancellation and forfeiture the Lessors shall have the <br />~right,to re-enter said premises and dispossess said Lessee oI-f said <br />mining property, and any and all persons holding through or under <br />them or any of them, using such force as may be necessary to do so, <br />and all rights hereby granted unto the Lessee shall be terminated <br />• unless during said thirty (30) day period said defaults are <br />' entirely remedied. <br />BENEFIT TO HEIRS: Subject to the provisions and conditions of <br />this Lease, this Lease shall inure to the benefit of and be binding <br />upon the successors, assigns, heirs and personal representatives of <br />the respective parties hereto, but no termination hereof, by <br />forfeiture or otherwise, shall release the Lessee, or its <br />successors, or assigns from any obligations whether by indemnity or <br />otherwise which may have accrued previous to or which may be <br />accuring at the time of such termination. <br />AGREEMENT TO DEFEND: The Lessors warrant and agree to defend <br />their title to the premises and property herein demised. <br />' NO'PICES: Any notice required to be given under this Lease <br />shall be given to the Lessors personally or by registered mail <br />addressed to it at Canon City, Colorado, or served personally upon <br />ROGER BREYFOGLE, attorney at law, who for all such purposes, is <br />constituted and appointed by the Lessee as its agent in the <br />premises. It is specifically understood and agreed that notice so <br />given to ROGER BREYFOGLE, attorney at law, shall be, for all <br />„ purposes, construed to effect good and valid notice to the Lessee <br />hereunder. <br />The Lessee agrees that the Lessors shall have a lien on all of <br />their mining equipment, machines and improvements placed upon the <br />demised premises, as security, for the payment of rents and <br />royalties herein agreed to be paid.to the Lessors; and that in case <br />of abandonment of said property or forfeiture of this Lease, in the <br />manner herein provided the Lessors may take and seize such personal <br />property belonging to the Lessee and may sell the same at public <br />i <br />-1(1)- <br />