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11.02 Defense and Attorney's Fees. It is specifically acknowledged by the parties that <br />the scope of FCM's indemnification shall include the cost of defending any action in which <br />Trenkle is named as a defendant and where the claim or claims against Trenkle relate to FCM's <br />activities at the Gravel Pit, including the costs of reasonable attorney's fees incurred in said <br />defense. <br />Section 12. TERMINATION <br />12.01 Termination. At the termination of this Lease (at 10 years), FCM shall have, at no <br />additional cost to FCM, one (1) additional year in which to: (a) remove all gravel and rock <br />products stockpiles from the Gravel Pit area; (b) remove all of its facilities and equipment from <br />the Gravel Pit azea; and, (3) to complete all reclamation work at the Gravel Pit area as required <br />under the terms of the Gravel Permit, as modified or amended. <br />Section 13. DISPUTE RESOLUTION <br />13.01 Good Faith Efforts to Resolve by NeQOtiation. Should a dispute between the <br />parties arise during the term of this Lease, the parties agree to meet and to discuss the basis of the <br />dispute. Furthermore, the parties agree to use good faith efforts to resolve said dispute without <br />the need for litigation. <br />13.02 Alternative Dispute Resolution. At any time prior to the commencement of a <br />legal action regazding an irresolvable dispute, the parties may establish through written <br />amendment to this Lease, a mutually acceptable mechanism for resolving disputes, other than <br />through traditional litigation, including arbitration, limitations on discovery, and expedited time <br />frames for presentations of positions. <br />13.03 Costs and Attorneys Fees. Except as may be otherwise agreed in writing, should <br />a dispute between the parties be submitted to a third party or court for resolution, the prevailing <br />side shall be entitled to reimbursement for all costs, including attorneys fees, incurred in <br />preparation for and presentation of said dispute. <br />Section 14. MISCELLANEOUS PROVISIONS <br />14.01 Non-Encumbrance or Pledee. FCM shall not encumber, use as collateral or <br />otherwise pledge the sand, gravel or rock resources owned by Trenkle as a part of a security <br />agreement, loan or any other instrument. There shall be no subrogation of FCM's rights under <br />this Lease. <br />14.02 Binding and Non-Assienable. This Lease shall be binding upon and inure to the <br />benefit of the parties hereto, their heirs, legal and personal representatives and successors. <br />High Ftume Pit Lease <br />12/23/02 <br />Page 6 or 7 <br />