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Landlord for said locked gate. Fences and gates may remain after termination of this Lease Agreement, if so agreed
<br />to by Landlord, Tenant and applicable government reclamation authority.
<br />9. Tenant agrees to make separate stock piles of top soil, overburden, and waste materials. Tenant agrees that
<br />on completion of each phase of operation and upon completion of all such operations, Tenants will place unused
<br />substances, top soil and overburden back over the excavated areas and spread such reclamation material evenly
<br />over the excavated embankments. Tenant may desire to or may be required to present appropriate government
<br />units with a plan(s) of reclamation. Landlord agrees to execute any addendum to this Lease Agreement regarding
<br />reclamation which may be desired or required by appropriate government units in order to obtain the permits
<br />required for the operations as set forth herein. Tenant shall have the time permitted by the appropriate government
<br />agency to complete reclamation in accordance with the reclamation plan approved by such government agency.
<br />10. Landlord agrees to timely pay all real estate taxes levied upon the Premises. Tenant shall pay mineral
<br />severance taxes, as said tax becomes due and which are levied upon the Premises. Should Landlord fail to pay real
<br />property taxes, Tenant may pay such taxes and deduct the amount of taxes, paid by Tenant, from any amount due
<br />Landlord, from Tenant Tenant agrees to pay any taxes resulting from Tenant's buildings or equipment.
<br />11. If any default is made in the performance of, or compliance with, any other term or condition of this Lease
<br />Agreement, Landlord shall give written notice of the default to Tenant. The written notice shall specify each and
<br />every term or condition which the Landlord claims is a default by Tenant For nonpayment of rent or royalties,
<br />Tenant shall have ten (10) days after notice to cure said default For any other default, other than the payment of
<br />rent or royalty, Tenant shall have thirty (30) days to cure said default. In the event that Tenant fails to pay, correct,
<br />remove, or cure said default within such period Landlord may, at its option terminate this Lease Agreement. The
<br />periods set forth, above, shall begin with personal delivery of the written notice by Landlord to Tenant or three (3)
<br />days after the written notice is sent to Tenant by certified mail, postage prepaid, at the address of Tenant set forth
<br />herein.
<br />a. Any notices between the parties, required or desired herein, shall be sent to the addresses set forth
<br />herein or other such address of Tenant, or Landlord, known to be a valid address of party receiving said notice,
<br />known by the sending party.
<br />b. If this Lease Agreement is terminated by Landlord, Landlord shall have such right to damages, and
<br />remedies, as permitted by law. For any breach of this Lease Agreement, by Landlord, Tenant shall have such
<br />damages and remedies as permitted by law.
<br />C. Tenant shall have six (6) months after any termination of this Lease Agreement in which to remove
<br />any buildings, plants, improvements, or equipment, as defined to be removable within the Lease Agreement
<br />agreement, placed upon the Premises by Tenant
<br />d. Reclamation shall be completed in accordance with the reclamation plan approved by the
<br />appropriate government agency and within such time as permitted by the reclamation plan and/or governmental
<br />agency.
<br />12. Landlord covenants and warrants the following.
<br />a. Landlord now hold title to, and possession of, the Premises free and clear of all former grants,
<br />sales, liens, encumbrances and/or leases of any kind;
<br />b. Real property taxes have been paid, when due,
<br />C. Landlord holds good title and merchantable title to the sand, gravel, rock, dirt, soil and mineral
<br />estate,
<br />J
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