which may thereafter be enacted.
10.
ACCESS-LEASED PREMISES, RECORDS AND INSPECTIONS. SUBLANDLORD OR
SUBLANDLORD'S AGENTS AND DESIGNEES, UPON NOTICE TO SUBTENANT, SHALL HAVE THE
RIGHT TO ENTER UPON THE LEASED PREMISES, INCLUDING WITHOUT LIMITATION, THE
UNDERGROUND PASSAGES OF THE BLUE STONE MINE, AT ALL REASONABLE TIMES WITH
REASONABLE ADVANCE NOTICE TO SUBTENANT, TO EXAMINE SAME OR TO PERFORM ANY
OBLIGATION IT MAY HAVE HEREUNDER OR WITH SUBLANDLORD, INCLUDING WITHOUT
LIMITATION, CLEANUP OF RESIDUE FROM THE UNDERGROUND PASSAGES OF THE BLUE STONE
MINE AS PROVIDED IN SECTION 12.5; OR FOR ANY REASONS PURSUANT TO ANY RIGHTS
UNDER THE TOLLING AGREEMENT; PROVIDED SUCH ACCESS RIGHTS SHALL NOT INTERFERE
UNREASONABLY WITH SUBTENANT'S OPERATION OF THE LEASED PREMISES OR PERFORMANCE OF
ITS OBLIGATIONS UNDER THE TOLLING AGREEMENT.
SUBTENANT agrees to maintain a record of all explosions performed at the Leased
Premises in such form and content as SUBLANDLORD reasonably determines from time
to time by notice to SUBTENANT. Such records shall include, without limitation,
(a) the type and quantity of explosives, and (b) the results of inspections of
the Leased Premises and scaling operations inside the Blue Stone Mine.
SUBLANDLORD or its designee shall have the right from time to time, at
SUBLANDLORD's cost, to inspect and verify the records kept by SUBTENANT in
connection with this Sublease.
13
11.
REPRESENTATIONS AND WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN
THIS SUBLEASE, SUBLANDLORD MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES
TO SUBTENANT, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE SUBJECT MATTER OF
THIS SUBLEASE. SUBLANDLORD MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE
CONDITION OF THE UNDERGROUND PASSAGES THAT ARE NOT PART OF THE LEASED PREMISES.
SUBLANDLORD WARRANTS AND REPRESENTS (A) THAT THE MASTER LEASE IS SUBSISTING AND
IS IN FULL FORCE AND EFFECT, (B) SUBLANDLORD IS NOT IN DEFAULT UNDER THE MASTER
LEASE, (C) ALL RENTS AND CHARGES DUE THEREUNDER ARE AND SHALL BE PAID IN
ACCORDANCE WITH THE TERMS THEREOF, AND (D) THAT SUBLANDLORD HAS FULL RIGHT,
POWER AND AUTHORITY TO ENTER INTO THIS SUBLEASE. SUBLANDLORD IS AWARE OF NO
REASON WHY THE LEASED PREMISES CANNOT BE USED BY SUBTENANT FOR THE PERMITTED
USE. SUBLANDLORD COVENANTS THAT, SO LONG AS SUBTENANT IS NOT IN BREACH OF THE
TERMS AND CONDITIONS OF THIS SUBLEASE, SUBTENANT SHALL PEACEABLY AND QUIETLY
HAVE, HOLD, AND ENJOY THE LEASED PREMISES FOR THE TERM HEREOF AND ANY EXTENSIONS
TO THE TERM. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SUBLANDLORD COVENANTS AND
AGREES FAITHFULLY TO OBSERVE AND PERFORM ALL OF THE TERMS, COVENANTS, AND
CONDITIONS OF THE MASTER LEASE ON THE PART OF SUBLANDLORD TO BE PERFORMED WITH
RESPECT TO THE LEASED PREMISES (EXCEPT AS REQUIRED TO BE PERFORMED BY SUBTENANT
HEREUNDER), AND NEITHER TO DO NOR CAUSE TO BE DONE, NOR SUFFER, NOR PERMIT ANY
ACT OR THING TO BE DONE WHICH WOULD OR MIGHT CAUSE THE MASTER LEASE TO BE
CANCELED, TERMINATED, FORFEITED, OR SURRENDERED OR WHICH SHALL MAKE SUBLANDLORD
LIABLE FOR ANY DAMAGES, CLAIMS, OR PENALTIES UNDER THE PROVISIONS OF THE MASTER
LEASE. SUBLANDLORD COVENANTS AND AGREES TO KEEP