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11. River Bank Erosion Mitigation. <br />(i) The parties acknowledge that Lessor is in the process of reclaiming the <br />west bank of the Animas River on the east side of the Gravel Processing Area, such area being <br />more particularly identified in the first depiction attached hereto as Exhibit G. For this purpose, <br />Lessee agrees furnish to the Lessor seventy (70) concrete blocks measuring 3 feet x 3 feet x 8 <br />feet or equivalent materials agreed upon by Lessor and Lessee sufficient to achieve the intended <br />riverbank erosion, at no cost to Sellers, and the necessary equipment to install the same at the <br />location identified on Exhibit G. The equipment rental shall be charged to the Lessor at the <br />Lessee's cost, not at its retail rate. All other costs to complete the reclamation shall be bome by <br />Lessor. <br />(ii) Except as set forth in subparagraph (i), Lessee shall be solely responsible <br />to maintain, in a method determined by Lessee in its sole reasonable discretion, both the east and <br />west river banks of the Animas River throughout the Properties, as applicable, to prevent <br />material erosion of such riverbanks, such areas being more particularly identified on the second <br />depiction attached hereto as Exhibit G. <br />12. Quiet Enjoyment. Lessor covenants that Lessee shall, for the Term of the <br />Agreement, freely, peaceably and quietly occupy and enjoy the full possession of the Properties <br />without hindrance or interruption by Lessor or by any other person or persons claiming by, <br />through or under Lessor, subject to the terms of this Agreement. Lessor covenants that it has full <br />right and power to execute and perform this Lease and to grant the estate hereby conveyed. <br />Notwithstanding the foregoing, the parties acknowledge that this Lease is subject to the Topsoil <br />Processing Agreement. Further, the Lessor, and each of its partners, shall have the right to <br />continue to graze cattle on any portion of the Dillon Ranch Pit Property that is not being mined <br />by Lessee and only during periods of time that Lessee is not engaged in its mining operations in <br />order for Lessor to maintain agricultural tax status for such property. Further, the Lessor shall <br />have the right, but not the obligation, t <br />Lessee is not engaged in mmmg operations at the Dillon Ranch Pit Property. Any entry onto and <br />use of the Properties by Lessor or its guests shall be in compliance with applicable laws. If <br />Lessee determines in its discretion that Lessor or any guest is in violation of this provision, <br />Lessee shall have the right to restrict the access of Lessor or its guests to all or a portion of the <br />Properties. Lessor shall indemnify and hold harmless the Lessee for any and all claims, actions, <br />causes of action, arbitrations, proceedings, losses, damages, liabilities and expenses in <br />connection with the entry onto any of the Properties by Lessor or its guests. <br />In addition to the foregoing, Lessor reserves for itself a license of road access for <br />agricultural purposes, as shown on the depiction attached Exhibit H, which shows a road on the <br />east side of the Animas River heading to the north from the Dillon residence, past the west side <br />of the Topsoil Processing Area, through to what is labeled on Exhibit H as the two "current ag <br />accesses" to the Northeast. Lessee will allow Lessor to use said access road, so long as Lessee <br />such use does not interfere with Lessee's mining operations. Lessor shall indemnify and hold <br />harmless the Lessee for any and all claims, actions, causes of action, arbitrations, proceedings, <br />losses, damages, liabilities and expenses in connection with the Lessor's use of such access road. <br />If at any point Lessee determines in its sole discretion to mine in the location of said road, it will <br />8 <br />