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grant access to employees or representatives of the Colorado Department of Public Health and <br /> Environment for the purpose of inspecting the work to be performed by Sunnyside on the Subject <br /> Land. <br /> 9. Taxes. Grantor shall pay all ad valorem or other property taxes levied and <br /> assessed against the Subject Land. <br /> 10. Off-Site Disposal. Grantor agrees to share equally with Sunnyside the cost of <br /> transporting any materials from the Subject Lands to Sunnyside's property or tailings ponds, or <br /> to such other property which Sunnyside may designate, for disposal. <br /> 11. Force Majeure. Whenever the time for performance by Sunnyside of any act <br /> hereunder is limited and the performance thereof is hindered, prevented, or delayed by any factor <br /> or circumstance beyond the reasonable control of Sunnyside, such as events of nature, fire, <br /> floods, strike or labor difficulty, breakdown of equipment or machinery, inability to obtain <br /> necessary materials, supplies, or labor, interruptions in delivery or transportation, shortage of <br /> transportation service or facilities, civil disturbance or vandalism, regulations, orders, or <br /> requirements of government, embargoes, war or other disabling causes, whether similar or <br /> different, then the time for the performance of any such act or obligation shall be extended for a <br /> period equal to the length of such delay. <br /> 12. Surrender and Termination. Sunnyside may surrender and terminate this <br /> Agreement at any time as to all or any portion of the Subject Land by giving notice thereof to <br /> Grantor at least 30 days prior to the date of termination stated in the notice. Sunnyside shall <br /> execute and deliver to Grantor in recordable form an appropriate release reflecting the surrender <br /> and termination. Such total or partial termination of this Agreement shall constitute <br /> relinquishment of Sunnyside's interest in the parts of the Subject Land which are the subject of <br /> the surrender, and it shall release and discharge Sunnyside from all further duties, liabilities, or <br /> obligations to Grantor, if any, pertaining to those portions of the Subject Land which are <br /> surrendered. <br /> 13. Liability of TUSCO. Notwithstanding anything herein to the contrary, TUSCO <br /> shall have no obligation or liability hereunder until such time as TUSCO acquires or reacquires <br /> an ownership interest in or title to the Subject Lands. At such time as TUSCO acquires or <br /> reacquires an ownership interest in or title to the Subject Lands, it shall become obligated and <br /> liable under this Access Agreement for all obligations and liability created by this Access <br /> Agreement, whether such obligations and liability have arisen before or after TUSCO acquired or <br /> reacquired an ownership interest in or title to the Subject Land. <br /> 46094-1,9/1:1V6 4 <br />