1999-06-15_PERMIT FILE - M1999069

• Permit No: M1999069
• IBM Index Class Name: Permit File
• Doc Date: 6/15/1999
• Doc Name: CONSTRUCTION MATERIALS REGULAR OPERATION RECLAMATION PERMIT APPLICATION FORM
• Media Type: D
• Archive: No

fencing, or has failed to relocate livestock at Lessee' s request,
and Lessor for itself and its agents, employees, contractors, and
owners, hereby waives and releases Lessee and its contractors,
agents, insurers, employees, officers and directors (all of which
are deemed included in the term "Lessee" when ever used hereafter
in this paragraph) from any such claims for damages or injuries .
Lessee shall allow Lessor access across Lessee' s lands adjacent
to the Leased Premises, at such points and along such routes as
Lessee may from time to time designate to allow Lessor access to
the Leased Premises for carrying out the farming and livestock
grazing uses of the Leased Premises . Such access by Lessor is
solely at Lessor' s risk and Lessor for itself and its agents,
employees, hereby waives and releases Lessee from any claims for
costs, damages or injuries of any kind and agrees to indemnify,
defend and hold and save harmless Lessee from claims of any
nature of Lessor, for claims arising from the condition of or
events occurring on Lessee' s property or the Leased Premises .
11 . NOTICES. Any notice, other than actual notice, shall
be deemed effective when mailed first class, postage prepaid, as
follows :
To Lessor: Flying W Ranch Loveland, LLC
Attn: Brian and Cindy McMahill
4755 14"' Street SE
Loveland, CO 80537
To Lessee : Frank Kauffman, President
Jake Kauffman & Son, Inc .
808 S . County Road 9E
Loveland, CO 80537
12 . TIME IS OF THE ESSENCE.
(a) Time is of the essence hereof, and if any payment or
any other condition hereof is not made, tendered or performed by
either Lessor or Lessee, as herein provided, then this Lease at
the option of the party who is not in default, may be terminated
by giving forty-five (45) days written notice to the defaulting
party, specifying the particular default or defaults . If said
default is not corrected within said 45-day period, then this
Lease, at the option of the party who is not in default, may be
terminated by such party, in which case the non-defaulting party
may recover such damages as may be proper, including all
reasonable attorney fees and costs . In the event, however, the
non-defaulting party elects to treat this Lease as being in full
force and effect, the non-defaulting party shall have the right
to an action for specific performance and damages, including all
reasonable attorney fees and costs .
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