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D. The, Company agrees that it shall require all independent contractors, <br />contractors mid subcontractors who perform work in connection with the Property to have similar <br />and= adequate insurance in full force and effect. <br />10. Title. <br />A. Lessor warrants that Lessor owns the surface estate and the Materials within <br />the ;Property, and Lessor agrees to defend said title against all adverse claims of those claiming by, <br />through or under Lessor. Lessor does not warrant ownership of mineral rights other than the <br />Materials or any portion of the mineral estate, or claims of record other than those created or suffered <br />by, through or under Lessor. <br />Lessor has supplied the Company with a copy of Title Commitment No. 903110-C2 from Stewart <br />Titlo of Colorado, .Inc. for the Property ("Title Commitment"} <br />copies of all instruments referenced or <br />, <br />givipg rise to exceptions or requirements in the Title Commitment and copies of all existing surveys, <br />plans, abstracts, reports or other documents in Lessor's possession or control relating to the Property <br />(collectively, the "Title Documents"). The Company hereby approves the legal description of the <br />Property set forth in Schedule A to the Title Commitment and those exceptions to title expressly set <br />forth in Exhibit D attached hereto, as disclosed by the Title Commitment ("Permitted Exceptions), <br />andAgrees to accept leasehold title thereto subject to the Permitted Exceptions. If the Company <br />herdafter determines that Lessor's title to the Property and Materials is not good and marketable due <br />to matters not listed as Permitted Exceptions, the Company shall so notify Lessor in writing, in <br />which case Lessor, at Lessor's cost, shall correct the specified title defects. If any such title defects <br />which render the title unmarketable or adversely affect the Company' right to mine are not cured <br />within sixty (60) days after receipt of such notice, the Company, at its option, may terminate this <br />Lease without any further obligation to Lessor or, at its option, may resolve the adverse claim and <br />deduct the costs incurred from payments otherwise due Lessor. The Company shall, as part of such <br />termination, have the right at its option to have any and all prepaid royalties not offset by Production <br />R oyAlties (but not bonus or rental previously paid) refunded to the Company. <br /> <br />Without regard to the warranties of title to Materials given to the Col auy?° <br />L <br />ifL <br />l <br />f <br />h ?? ? <br />essor, <br />essor own <br />ess red percent (I00%) o <br />t <br />e M r a or anyportion ?..._ r. <br />of tl?e Property, then the amounts payable to er as bonus, rental, Advance Minimum C-Jr< <br />Roy4lty payments and tes shall be reduced in the pro the interest of the <br />? ? <br />i aterials bears to one hundred percent (100%) of the Materials within h"c'lhg?i t? <br />C. Lessor shall not enter into any new oil and gas leases or other new agreements <br />regarding oil and gas operations of the Property during the Term of this Lease, except under <br />conditions which prohibit surface entry or occupancy and interference in any manner with the <br />Company's operations on the Property. With respect to new wellsites and other surface facilities <br />under existing oil and gas leases, Lessor shall promptly notify the Company of any notices or <br />requosts by an oil and gas operator regarding surface use and hereby authorizes the Company to use <br />reas6nable efforts to obtain understandings with the oil and gas lessees or operators to minimize <br />impact of such wellsites and other surface facilities on the Company's sand and gravel operations on <br />-11