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C. The Company agrees that it shall require all contractors and <br />subcontractors who perform work on the Company's behalf in <br />connection with the Property to have similar and adequate insurance in <br />frill force and effect. <br />9. Title and Other Conditions. <br />a. Lessor warrants that Lessor owns the surface estate and the Materials <br />within the Property subject to easements, restrictions and reservations <br />of record or in use, and Lessor agrees to defend said title against all <br />adverse claims. <br />b. The Company has accepted Lessor's title as marketable, to the best of <br />its knowledge, as of the date of this Lease. If subsequent thereto the <br />Company determines that Lessor's title to the Property and Materials <br />is not good and marketable, the Company shall so notify Lessor in <br />writing, in which case Lessor, at Lessor's cost, shall correct the <br />specified title defects. If any title defects which render the title <br />unmarketable or adversely affect the Company's right to mine are not <br />cured within sixty days after receipt of such notice, the Company,, at its <br />option, may terminate this Lease without any further obligation to <br />Lessor or, at its option may resolve the adverse claim and deduct the <br />cost incurred from payments otherwise due Lessor. <br />C. Without regard to the warranties of title given to the Company by <br />Lessor, if Lessor own less than one hundred percent (100 %) of the <br />Materials under all or any portion of the Property, then the amounts <br />payable to Lessor hereunder as Sales Royalties shall be reduced in the <br />proportion that the interest of the Lessor in the Materials bears to one <br />hundred percent (100 %) of the Materials within the Property. <br />d. The Company's obligation under this Lease is conditioned upon the <br />Company obtaining a permit for access to the public roadway on terms <br />reasonably satisfactory to the Company. If the Company cannot, after <br />exercising reasonable diligence, obtain a permit for access on terms <br />reasonably satisfactory to the Company within six months after <br />commencement of this Lease, then the Company may, at its election, <br />terminate this Lease by notice to the Lessor and, upon such <br />termination, shall be entitled to refund of the entire $0 paid by the <br />Company upon execution of this Lease. <br />e. Lessor shall not enter into any oil and gas or other mineral leases or <br />other agreements regarding oil and gas or other mineral operations of <br />the Property during the Term of this Lease, except under conditions <br />which prohibit surface entry or occupancy and interference in any <br />manner with the Company's operations of the Property. <br />T <br />