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C. Any use, storage, treatment, disposal or release of hazardous materials <br />on the Property by Tenant shall be in compliance with all applicable <br />federal, state and local laws and regulations. Upon termination ofthis <br />Lease, Tenant shall remove all hazardous materials used, stored, <br />treated, disposed of or released by it on the Property during the Lease <br />Term. Tenant shall indemnify and hold Landlord harmless for any <br />loss, liability, cost, expense or claim arising from (1) Tenant's use, <br />generation, storage, release or disposal of any hazardous material on <br />the Property; and (2) Tenant's violation of any law relating to <br />environmental conditions in connection with the mining of the <br />Property. Tenant's obligations under this paragraph shall survive the <br />termination of this Lease. <br />19. Lesser Interest, Foreclosure and No Warranties of Title or Product Quality. <br />Landlord represents that she/he/it has good title to the Property and the materials to be <br />removed from the Property pursuant to this Lease. Notwithstanding the representation <br />contained in the preceding sentence, Landlord expressly does not warrant its title to the sand, <br />gravel and aggregate, nor covenant with Tenant for quiet enjoyment, save against those <br />claiming by, through, or under conveyances made by Landlord. If Landlord owns less title <br />than the entire undivided interest in the sand, gravel and aggregate contained on the Property, <br />and the defect in Landlord's title is not cured, the sales royalties paid or payable to Landlord <br />hereunder shall be proportionately reduced in the ratio as Landlord's interest in the sand, <br />gravel and aggregate contained on the Property bears to the entire undivided interest in the <br />sand, gravel and aggregate contained on the Property. In any event, Landlord's liability to <br />Tenant for defects in its title to the Property shall be limited to monies paid by Tenant to <br />Landlord under this Lease. In the event the holder of any lien or encumbrance against the <br />Property commences foreclosure proceedings against the Property, Tenant shall have the <br />right, but not the obligation, to make any cure or redemption payments to stop foreclosure. <br />In such case, all sums paid by Tenant to stop foreclosure shall be credited against sums <br />Tenant then owes or may in the future owe to Landlord pursuant to this Lease. Tenant makes <br />no representations and gives no warranties regarding the physical or chemical quality of <br />overburden, sand, gravel and aggregate contained on the Property or its fitness for a <br />particular purpose. <br />20. Attorney Fees. In the event of a dispute between the parties regarding this Lease, <br />the Property, or the Sand, Gravel and Aggregate Mine which results in litigation, the <br />prevailing party shall be awarded court costs and reasonable attorney fees in connection with <br />such dispute. <br />21. Miscellaneous. <br />A. Time is of the essence in all provisions of this Lease. <br />Page 6 of 9 pages <br />