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17. Due Diligence and Tenant's Contingencies. This Agreement is contingent on <br />Tenant reviewing, investigating, seeking approval of and/or determining, under terms and <br />circumstances satisfactory to Tenant, in Tenant's sole discretion, the items listed below (any <br />of such contingencies may be waived by Tenant). Landlord, for their successors and assigns, <br />agrees to cooperate in all reasonable ways in Tenant's efforts to obtain resolution of such <br />matters, including permitting the Tenant access for the purpose of testing and investigations <br />and furnishing all information regarding the Property that is reasonably requested by Tenant. <br />A. Division of Mining and Geology. A permit for mining the Property, <br />together with a reclamation plan and reclamation bond. <br />'B. Zoning. Proper Zoning approval and/or issuance of a conditional use <br />permit or use by special review permit with appropriate conditions for <br />approval and development standards. <br />C. Claims by Others in Property. Prior to commencement of mining of <br />the Property, Tenant may investigate and determine claims by third <br />parties in the Property, including without limitation, claims involving <br />storage rights or uses, and surface uses that may be temporarily <br />interrupted by mining activities. <br />D. Title. Tenant shall investigate the title to the sand and gravel. <br />18. Additional Tenant Covenants. <br />A. Tenant will cause all operations under this Lease to be carried on in <br />accordance with all applicable federal, state and local <br />regulations, pemuts, and the terms and conditions of any bond issued <br />relative to such operations. <br />B. Tenant shall keep the Property free and clear of liens for labor done <br />or work performed under this Lease, and shall keep the Property free <br />from all other forms of encumbrance, and will hold Landlord harmless <br />from all claims, demand, suits, liabilities, damages, losses, costs, and <br />expenses (including reasonable attorney fees) which may arise by <br />reason of injury to any person employed by Tenant on the Property, <br />or which may arise by any reason of injury to any person or damage <br />to any property as a result of any operations of Tenant. Tenant shall <br />name Landlord as an additional insured under Tenant's applicable <br />insurance policy and provide Landlord with annual certificates of <br />insurance evidencing such coverage. <br />Page 5 of 9 pages <br />