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Property one (1) year after expiration or termination ofthis Lease shall become the property <br />of Landlord. <br />13. Default by Tenant. If any default occurs in the performance ofany term or condition <br />of this Lease by Tenant, Landlord shall have the right to give a 30-day notice in writing to <br />Tenant demanding the correction or removal of the default. If Tenant fails to correct or <br />remove the default within this period, Landlord may, at Landlord's option, unilaterally <br />terminate this Lease. If this Lease is terminated by Landlord pursuant to this section, Tenant <br />shall have three (3) months after the termination within which to remove any improvements, <br />equipment or stockpiled materials placed on the Property by Tenant. After such three <br />(3)month period, title to such improvements, equipment or stockpiled materials shall vest in <br />Landlord. <br />14. Permits. Tenant shall be responsible for applying for all permits necessary to obtain <br />legal permission to conduct its mining operations including the Reclamation Plan. Landlord, <br />for their successors and assigns, agrees to cooperate in all reasonable ways in Tenant's efforts <br />to obtain such permits and agrees to famish, without cost, all information regarding the <br />Property which they have insofar as such information relates to overburden, sand, gravel, <br />aggregate and other minerals. Tenant shall be solely responsible for all costs and fees of <br />obtaining the necessary permits for its proposed mining operations and reclamation, which <br />shall be the sole and separate property ofTenant. Notwithstanding any other provision ofthis <br />Lease, in the event the Tenant has not obtained a Mining Permit from the Division of Mining <br />and Geology and a Special Use Permit from Weld County (or appropriate equivalent <br />authorization from the Town of Milliken) within two (2) years of the date of this Lease, this <br />Lease shall automatically terminate. Further, all ofthe Property that is unnecessary for mining <br />or other uses specified in this Lease ahd that is not included in the Mining Permit and Use by <br />Special Review Permit shall be released from the Lease and made available to the Landlord <br />for other uses. Tenant shall provide Landlord a surveyed legal description for all such <br />released land and Landlord shall be responsible for compliance with all land use laws of Weld <br />County or the Town of Milliken regarding such property, including subdivision laws. <br />15. Agreement Concerning Water Augmentation.TheLandlordownsthewaterrights <br />listed on Exhibit B and shall make such water available for washing and augmentation as <br />needed by Tenant. <br />16. Lining of Pits. Tenant may, at its option, install one or more slurry walls on the <br />Properly. If any water storage rights are created by such lining, Tenant shall own such rights <br />and any and all proceeds of sale of the storage rights. Landlord agrees to enter into an <br />agreement for easements and access to the water storage facility in substantially the form <br />attached as Exhibit C when requested to do so by Tenant. Landlord shall not be required to <br />pay any cost of lining the mining pits on the Property. <br />Page 4 of 9 pages <br />