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provided in the Lease. <br />F. Lessee's right to exercise the Right of First Offer shall be conditioned <br />on Lessee not being in default under this Agreement at the time of the exercise of the <br />Right of First Refusal or as of the date on which Lessee's purchase of the Property or <br />occupancy of the Property is scheduled to occur. <br />7. Other Leases. Nothing contained herein shall preclude Lessor from <br />leasing the Property for uses other than for sand mining, and Lessee agrees that Lessor is <br />free to, enter into grazing leases and other mining leases without Lessee's approval and <br />that Lessee has no right of first refusal as to those other Leases. If Lessor decides to lease <br />the Property for any other uses, Lessor agrees to structure the lease so that sand mining <br />would not be precluded by that new lease. <br />8. Assignment of Mining Permit. In consideration of this Agreement, Lessee <br />agrees, at Lessor's request, to cooperate with Lessor to complete an assignment of the <br />existing mining permit held by Lessee to Lessor or to its designee (a ".Permit <br />Assignment "). This obligation to cooperate in a Permit Assignment shall include, but not <br />be limited to, executing a formal assignment of that permit and any other documents that <br />may be required by governmental. authorities to complete such an assignment. Lessee <br />agrees to keep the existing mining permit active and paid for during the Option Period. <br />Lessor understands and agrees that in the event of a Permit Assignment, Lessor or <br />Lessor's assignee shall be required to replace any reclamation bond posted by Lessee so <br />that Lessee's reclamation bond may be released. Following any such Permit Assignment, <br />Lessor or its designee shall indemnify and hold harmless Lessee from and against any <br />and all loss, liability, damage or expense, including reasonable attorneys' fees incurred <br />by Lessee in the defense of any claims, resulting from or related to any mining activities <br />on the Property occurring after the date of such Permit Assignment. <br />9. No Defenses. Lessee acknowledges that it has no defenses to the Lease or to <br />the obligation to pay the rent or any other amounts which may be due under the Lease <br />except as a result of the termination of the Lease as is provided for by this Agreement. <br />10. Release. <br />A. Lessee hereby generally releases and discharges Lessor and all of its <br />g L <br />6 <br />s)loM sselo enles e1!A <br />dLo:Z6 6I. 96 <br />