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18/09 '09 ITN 11:69 FAX 418 892 2420 <br />CARRIER JOLXCOR INC lj 014 <br />Mine Safety and Health Administration, than Lessee wlligive written <br />Lessor within ten (10) days of receipt thereof and shall promptly of same to <br />C <br />l under law with to such E nviro tai Discharge l Co ita ain ions <br />Lessee shall defend, indemnify and hold harmless Lessor Environmental any and s, <br />claims, losses, liabilities, damages and expenses (including, and any and n <br />u u <br />cow, , penalties and reasonable attorney's fees), including those o arising limitation, reason <br />of <br />any oftji aforesaid or an action against Lessee underdi by ctly or <br />i ��y gym, out o4 or by reason of any. Hazardous DisEnvironmentindemnity, arising directly Co p <br />or any federal, stags or local laws, rules, regulations or orders Complaint, <br />tun erlais or substances, water or air qualit and/or environmental, hazardous wastes, <br />men <br />(collectively '$uv�iionmeatal Requirements") � health or safety matters <br />Property. governing Lessee, its operations or the <br />7.2 Lessor's Might to Cure. Without limitation of <br />have rue right, but not the obli Lessor's rights under this Lease. Lessor shall <br />Lease or ri b <br />enter onto the Pro moon, to exercise any gilts rights to cure as provided in this <br />Petty or to take such other actions as it deems neoeasary or <br />advisable to cleanup, remove, resolve or <br />Hazardous Discharge, pntvhcormtentai Complaint the impact oi; or otherwise deal wit any <br />reasonable costs and expenses Plaint or E nvironmental �4uirerrx�ts, All <br />incurred and paid by Lessor in the exercise of any such rights <br />shall be at Lessee's sole cost and expense. <br />7.3 Lessee Information. Upon written <br />information . Lessee shall provide to Leaser the following <br />p airing to all operations conducted in or on the Property: (1) copies of all <br />permits obtained from any local, state or federal <br />use ( `MSDS'� far all chemicals in agency; (ii) material safety data sheets (iii) es of all at manufactured at ported to or stored at the property,, <br />all materials a led with l m terials lied under the OSHA Hazard Communication Standard and <br />any federal, state or local agency or entity. <br />ARTICLE 8: DEFAULT AND REMEDIES <br />8.1 Events of Default: The Bellowing acts of Lessee shall be acts or events of default giving rise <br />to the remedies provided for herein: <br />8.1.1 Failure to pay when due the Minimum Royalty <br />clear or essments in pay b e by Lessee; <br />842 Failure to abide by any aftlae other teens, covenants and conditions of this Agreement; <br />8.13 Failure to comply with Article 7 hereof <br />8.1.4 The filing by Lessee of arty volunt <br />any intvo a m7' petition in bsnktupbcy or the filing against Lessee of <br />Mary p titaon in bankruptcy; the dissolution or commencement of an action or <br />proceeding for th dissolution or liquidation of Lessee whether meted by or for Brent of a receiver or trustee of the agmnal <br />P�sessiaxn o#'the property of);.ease�; �e of <br />statutory aut for of by any go►ven rental officer or agency pursuant g <br />h' dissolution or liquidations of any business ofd, or the making <br />by LeSSee of an assignment for the benefit of creditors. <br />