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2009-08-27_REVISION - M1994097
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2009-08-27_REVISION - M1994097
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Last modified
6/15/2021 5:39:03 PM
Creation date
8/27/2009 1:12:49 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1994097
IBM Index Class Name
REVISION
Doc Date
8/27/2009
Doc Name
Amendment Application (AM-03)
From
Oldcastle SW Group, Inc. dba United Companies
To
DRMS
Type & Sequence
AM3
Email Name
GRM
Media Type
D
Archive
No
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VW Lhr 4V .LJ.. iV lAq s VV V1: <br />0) In addition to Lessee's liability to Lessors for breach of the Lease, Lessee dwl <br />be liable for all expenses for the reletft, for the alterations and repairs made, and for the <br />difference betwem the rent received by I-essors under the new Lease Agreement and the rent <br />installments that are due for the same period under this Lease. <br />(ii) Lessors, at its option, shall have the right to apply the rent received from <br />reletting the Parcels (1) to reduce Lessee's indebtedness to Lessors under the lease, not including <br />indebtedness for rut, (2) to expenses of the relettiag and aherations and repairs made, (3) to rent <br />due under this Lease, or (4) 1& payment offuture rent under this Lease as if becomes due. If the <br />new sublessee does not pay a rent installment promptly to Lessors, and the rent installment has <br />been credited in advance of payment to the indebtedness of Lessee other than rent, or if rentals <br />from the new sublessee have been otherwise applied by Lessors as provided herein. and during <br />any rent payable for the corresponding inmllment period, under this Lease, Lessee shall pay <br />Lessors the deficiency, separately for each rent installment deficiency period, and before the end <br />of the period. Lessors may, at aay time after such reLming, terminate the Lease for the breach on <br />which Lessors based the re-eFdzy and relet the Parcels. <br />(iii) After re-", Lessors may procure the appointment of a receiver to take <br />possession and collect amts and profits of the business of Lessee, and if necessary, to collect the <br />.rents and profits the receiver may carry on the business of lessee and tabe possession of the <br />personal property used in the business of Lessee, including inventory. trade fixtures, and <br />furnishings and use them in the business without compensation to Lessee. Proceedings for <br />nppoiutment of a receiver by Lessors, or the appointment of a receiver and tke eondw of the <br />business for Lessee by the receiver, shall. not terminate "forfeit this Lease wiles Lessors have <br />given written notice oftenrintion to Lessee as provided herein. <br />SkCtio-a 3. Indemnification. iracb patty shall indenra y and hold hmnnless the other party <br />its respect of any and all claims, actions, causes of actions, arbitrations, proceedings, losses, <br />damages, liabilities and expnms (iacfudiug, without limitation, settlement costs, attomeys; fees at <br />such attorneys customary hourly rates and any other expenses of investigating or defending any <br />actions or thMateued notions) incurred by such party in connection with any breach by the other <br />party of such other party's obligations under this Mining Lease, together with reasonable interest <br />on cash disbursetuents, <br />Section K tices. Any notice required by this Lease shall be deemed cozMlete when <br />planed in the U. S. Mazy, certified toad, return receipt requested, addressed as set forth below, or <br />when personally delivered to the other pu y. Addresses for sending notice are as follows: <br />Lessors: P. O. Box 45 Lessee. United Companies of Mesa County, Inc. <br />Delta, CO 81416 Attn: Kea W. Nesbitt <br />2273 River PA <br />Grand l unction, CO 81501 <br />Section 15. Colnrodo Law. This Lease shall be governed by t1w laws of the State of <br />Colorado and conmued in connection therewia <br />4
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