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person or entities which TCC permits to conduct activities on or under the Property pursuant to <br />this Agreement. <br />Notwithstanding any other provision of this Agreement, Owner agrees and does hereby <br />release and hold harmless TCC from any and all damage or affect that is caused to the Property <br />or to any other property of Owner as a direct or indirect result of TCC's exercise of its rights <br />hereunder to undermine and subside the surface of the Property. <br />VII. OWNER'S RANCHING OPERATIONS AND OTHER USES <br />TCC's rights to use the surface of the Property under this Agreement are nonexclusive <br />and are expressly subject to Owner's right to use, and occupy and to permit others to use and <br />occupy, the Property, or any part thereof, for farming, ranching, grazing, livestock, hunting, <br />fishing, and other recreation uses of all kinds, or for any other purpose not inconsistent with <br />TCC's rights hereunder, together with all rights reasonably necessary to those purposes. TCC's <br />rights hereunder shall be exercised so as to not unreasonably interfere with Owner's interests, <br />and Owner shall exercise such rights so as not to unreasonably interfere with the activities of <br />TCC permitted hereunder. Notwithstanding anything contained herein to the contrary, Owner <br />agrees that it shall not enter into any new or additional leases or agreements covering the <br />Property and shall not renew or otherwise extend or re-negotiate any prior agreements unless <br />TCC's rights hereunder are expressly recognized. <br />VIII. DEFAULT <br />If TCC commits a material breach of any term of this Agreement and fails or refuses to <br />commence in good faith to remedy this breach within sixty (60) days after receipt of Owner's <br />written notice to TCC, then Owner may, at its sole election, terminate this Agreement upon teen <br />(10) days written notice to TCC. In the event that TCC fails or refuses to pay Owner the annual <br />fee as required herein within ten (10) days after receipt of Owners' written notice to TCC, then <br />Owner may, at Owner's sole election, immediately terminate this Agreement without further notice <br />to TCC. The taking of action to remedy any alleged violation by TCC shall not be deemed an <br />admission by TCC hereunder of the facts, causes or state of events described and set forth in <br />Owner's notice to TCC. <br />IX. TAXES <br />Owner shall be responsible for the payment of all real estate taxes assessed against the <br />Property; however, TCC shall be responsible for all ad valorem and /or personal property taxes <br />which may be levied or assessed against any and all improvements placed upon the Property by <br />TCC. <br />X. NOTICE <br />Any notice required or permitted to be given by one party to the other under this <br />Agreement shall be in writing and may be sent by first class prepaid United States mail, or by <br />such other means as the parties may agree, using the addresses listed in the first paragraph <br />herein. <br />Either party may provide changes in its address to the other party by service as provided <br />above. <br />XI. MISCELLANEOUS PROVISIONS <br />1. This Agreement shall not be recorded, but at TCC's request, Owner shall execute a <br />recordable memorandum hereof, which shall not disclose confidential information. <br />3 <br />