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or duly executed certificates for the same required to be carried by Lessee under this Lease, <br />together with satisfactory evidence of the payment of the premium thereof, shall be deposited <br />with Lessor within fifteen (15) days following Commencement and upon renewals of such <br />policies not less than thirty (30) days prior to the expiration of the term of such coverage. To the <br />extent commercially practical, such policies shall contain a provision requiring the insurer to <br />notify Lessor thirty (30) days prior to any cancellation, expiration or material reduction in <br />coverage. All insurance required to be carried by Lessee under this Lease shall be in form and <br />content, and written by insurers, reasonably acceptable to Lessor. <br />(ii) Carried by Lessor. Lessor at all times during the term of this Agreement <br />shall, at its own expense, keep in full force and effect comprehensive commercial general <br />liability insurance with "personal injury" coverage and contractual liability coverage with <br />minimum limits of on account of bodily injuries to, or death of, one or more than one <br />person as the result of any one accident or occurrence on the Properties and ' - on <br />account of damage to property. Lessee shall be an additional named insured on said policy. <br />9. Utilities: Services. During the Term of the Lease, Lessee alone shall be <br />responsible for and shall pay all electrical, water, gas, heat, light, power, telephone, sewer, <br />sprinkler charges and other utilities and services used on or from the Properties, any maintenance <br />charges for all utilities, together with any and all forms of tax, license fee, license tax, tax or <br />excise on rent, or any other levy, charge, surcharge, expense or imposition assessed, levied or <br />imposed or required by any governmental authorities on the Properties; provided, however, that <br />any special assessments assessed on the Properties by any governmental authority, the purpose of <br />which results in enhancing the value of the fee estate owned by Lessor, shall not be the <br />responsibility of Lessee, but shall be solely the responsibility of Lessor. If any of the <br />aforementioned services are shared by the parties, then each party shall pay its share of same. <br />Lessor reserves the right to bring power from the existing power pole in the Gravel Processing <br />Area to a location across the Animas River on the Lessor's property, with a separate meter to be <br />installed in the Lessor's name, all at Lessor's expense, for the purposes of irrigation and dust <br />control at the Topsoil Processing Area, as such term is defined in that certain Topsoil Processing <br />Agreement (the "Topsoil Processing Agreement ") entered into by Lessee on the date hereof. <br />10. Condition of Property: Reclamation. Lessee acknowledges and agrees that Lessor <br />shall not be required to make any improvements, replacements or repairs of any kind or character <br />to the Properties during the term of this Agreement. Lessee may not construct improvements on <br />the Properties during the term of this Agreement without Lessor's consent, which consent shall <br />not be unreasonably withheld, conditioned or delayed. Any improvements constructed on the <br />Properties by Lessee during the term of the Lease shall become the property of the Lessor upon <br />termination of the Lease. Lessee shall comply with all reclamation obligations imposed on <br />Lessee by applicable law with respect to the mining and removal of Aggregates, including those <br />under any special use or similar permit. Lessor acknowledges that Lessee shall not be required <br />to perform any reclamation other than that imposed on Lessee under applicable law, including <br />those under any special use or similar permit. Lessee may, without being in violation of this <br />Section 10, contest in good faith the application of any laws affecting Lessee or the Properties. <br />