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13:52 9705323953 <br />NCWCD <br />PAGE 07/12 <br />RECEIU~D <br />NOV p 9 ?006 <br />require Lessee to provide all instruments and documents of l~~a nature whatever, which <br />inin9 and m y°^• <br />affect Lessor's interests. sates <br />18. NOTICES -Any notice required to be given to Lessee under the provisions of this lease shall be sent <br />by certified mail to the address set forth at the beginning of this lease or to such other address as <br />Lessee may indicate in writing to Lessor, and such service by mail shall be deemed sufficient and <br />in full compliance with the terms of this lease as of the date it is postmarked. Notice to Lessor shall <br />be given in like manner, addressed to Lessor a[ the address set forth a[ the beginning of this lease or <br />to such other address as Lessor may indicate in writing to Lessee, addressed to the attention of the <br />General Manager. <br />19. NOTIFICATION OF MINING OPERATIONS - It is understood that Lessor may have issued a <br />surface use lease to another lessee. Lessee shall be responsible for identifying the surface lessee or <br />lessees, and shall notify all such parties in advance of any on-site activity. Notification will be given <br />thirty (30) days for unfilled or grazing acreage and sixty (60) days for tilled farm ground prior to any <br />on-site activity. Lessee shall closely coordinate any on-site activity with the surface lessee, and make <br />a reasonable effort to protect the integrity of surface lessee's fences, gates, cattle guazds, and other <br />property. <br />20. PROTECTION AGAINST SURFACE DAMAGE -Lessee bas the right to utilize as much of the <br />surface of the Leased Premises as is reasonably necessary for mining operations; however, Lessee <br />shall be liable and agrees to pay for all damages to the surface, livestock, growing crops, water wells, <br />reservoirs, or other improvements caused by Lessee's operations on the Leased Premises. Lessor <br />understands that this is a quarrying operation and that the final reclamation will not return the surface <br />to the pre-mining condition. There shall be no removal of timber without prior notice to and approval <br />of Lessor. Any merchantable timber cut in conjunction with the approved mining plan is to remain <br />the property of the Lessor. All other timber, slash, stumps, and boughs are to be disposed of by <br />Lessee. <br />21. HOLD HARMLESS -Lessee shall indemnify Lessor against all liability and loss, and against all <br />claims and actions, including the defense of such claims or actions, based upon or arising out of <br />damage or injury, including death, to persons or property caused by or sustained in connection with <br />this lease or by conditions created thereby, or based upon any violation of any statute, ordinance, or <br />regulation. <br />22. LIENS AND CLAIMS -Lessee shall not suffer or permit to be enforced against the Leased <br />Premises, or any part thereof, or any improvements thereon, any liens arising from, or any claim for <br />damage growing out of the work of any constnrction, repair, restoratiolt, replacement or <br />improvement, or any other claims or demand howsoever the same may arise, but Lessee shall pay <br />or cause to be paid all of said liens, claims, or demands before any action is brought to enforce the <br />same against the Leased Premises or improvements. Lessee agrees to defend, indemnify and hold <br />Lessor and the Leased Premises free and hamiless from all liability for any and all such liens, claims, <br />demands, and actions together with reasonable attorney fees and all costs and expenses in connection <br />therewith. <br />H:UTANGMEN7V+GREEMN'n2004\09-10-P4 Quarty lease-Slone Wholesale Corpoa~ion-F7NALwpd Page 6 of 10 <br />