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complete reimbursement for LESSOR of all Base Rent payments made by LESSEE <br /> hereunder as of the date of such termination. <br /> • 7. Accounting: The LESSEE will be responsible for the accounting of all era\el crushed <br /> front the Leased Property during each Lease Year.and will pro%ide a cope of applicable <br /> "Quartcrhp M'ne Employment and Coal Production.Report"MSHA Fenn 7000-2,July 97 <br /> to the LESSOR. <br /> 8. Reclamation Requirements. The LESSEE will be responsible for performing all <br /> reclamation activities required by,and within the time periods set fortis in,LESSEE's <br /> mining permit issued by the Mined Lands Reclamation Board,or as edtenvise necessary <br /> to comely with applicable Local, State and Federal standards,and LESSEE hereby <br /> covenants that it shall post all bonds required by its mining permit issued by the Mined <br /> Lands Reclamation Board to assure satisfactory compietion of ail such reclamation <br /> activities,all at no expense to LESSOR.LESSEE's shall hold harmless the LESSOR <br /> for compliance with all reclamation, Federal and State mining laws and regulations. <br /> 9. No Other Relationship. The LESSEE is an independent contractor and no employer- <br /> employee or agent} relationship exists between the parties.The LESSEE is responsible <br /> for acts of his employees,and agents and will indemnify and hold harmless the LESSOR <br /> for any damages or injuries incurred by any,party(including employees and agents of sub- <br /> leases and sub-contractors)to the extent the same result from LESSEE's negligent <br /> operation of its activities under this Lease. <br /> 10. Assignment. The rights of the LESSOR and LESSEE may be assigned in whole or part <br /> to other parties,without the need for consent from either party,but the failure to assign <br /> this Lease will not operate to relieve either patty of its obligations hereunder.No change <br /> in ownership of LESSOR's interest(by assignment or otherwise)shall be binding on <br /> LESSEE until LESSEE has received actual documented notice of said change in <br />. ownership.This Lease is binding on heirs,successors and assigns of the respective <br /> parties. <br /> 11. Applicable Law. All express or implied covenants of this Lease shall be subject to all <br /> Federal and State Laws,Executive Orders,Rules or Regulations,and this Lease shall not <br /> be terminated, in whole or in part,nor LESSEE held liable in damages,for failure to <br /> comply therewith,if compliance is prevented by,or if such failure is the result of any <br /> such Law, Order,Rule or Regulation. <br /> 12, LESSOR's Pavment of Taxes. LESSOR agrees to pay all real and personal property <br /> taxes levied upon the Leased Premises. <br /> 13. Entire Amreement. This Lease represents the entire agreement between the parries.No <br /> additional provisions may be added unless said provisions are in writing and signed by <br /> each party. No additional provision may be added unless said provisions are in writing <br /> and signed by each petty. LESSOR hereby agrees that LESSEE shall have the right to <br /> record this Lease in the real property records of Huerfano County,Colorado, <br /> 14. No Other Materials. Except as otherwise expressly set forth herein,this Lease is not to <br /> be construed as authorization for the mining of any minerals other than rock,sand,gravel <br /> end!or earth fill. <br /> 15, Attornev'a Pees and Costs. This Lease may be enforced as a contract bet%wecn the <br /> parties. In the event of Litigation arising out of the obligations hereunder,the substantially <br /> prewaihing party will be entitled to an award of reasonable attorney's fees and costs from <br />