THE LEASE.
C.
REMEDIES CUMULATIVE.
EACH OF THE
REMEDIES DESCRIBED ABOVE, AND ALL OF THE REMEDIES AVAILABLE TO LESSEE AT LAW OR
IN EQUITY UPON A DEFAULT BY LESSOR, INCLUDING THE RIGHT TO SUE FOR DAMAGES,
SHALL BE CUMULATIVE WITH AND IN ADDITION TO ONE ANOTHER, AND MAY BE EXERCISED
SIMULTANEOUSLY OR SUCCESSIVELY, AS LESSEE MAY DEEM APPROPRIATE, WITHOUT ANY
EXERCISE OF ONE REMEDY BEING DEEMED AN ELECTION OF REMEDIES OR A WAIVER TO THE
EXCLUSION OF ANY OTHER REMEDY.
17.
TERMINATION BY LESSEE.
IN ADDITION TO THE
FOREGOING, LESSEE SHALL HAVE THE RIGHT TO TERMINATE THIS LEASE ON JUNE 30, 2004,
FOR ANY REASON OR FOR NO REASON, UPON THIRTY (30) DAYS WRITTEN NOTICE TO LESSOR,
AND WITHOUT PAYMENT OR PENALTY OF ANY KIND TO LESSOR.
18.
LESSOR'S ADDITIONAL REPRESENTATIONS AND
WARRANTIES.
LESSOR REPRESENTS AND WARRANTS THAT TO THE BEST OF LESSOR'S
KNOWLEDGE AND BELIEF AS OF THE COMMENCEMENT DATE OF THIS LEASE:
A.
EXCEPT FOR THE ORDER TO SHOW CAUSE
PROCEEDING PENDING BEFORE THE COMMISSION (THE "COMMISSION PROCEEDING"), THERE IS
NO LITIGATION PENDING OR THREATENED WHICH IN ANY MANNER AFFECTS THE ASSETS.
B.
THERE ARE NO VIOLATIONS OF ANY FEDERAL,
STATE, OR LOCAL LAW, CODE, ORDINANCE, RULE, REGULATION, OR REQUIREMENT AFFECTING
THE ASSETS, EXCEPT AS MAY BE ALLEGED IN THE PENDING SUMMARY SUSPENSION
PROCEEDING.
C.
THE ASSETS HAVE FULL AND FREE ACCESS TO
AND FROM PUBLIC HIGHWAYS, STREETS, AND/OR ROADS ADJACENT TO THE ASSETS, AND
LESSOR HAS NO KNOWLEDGE OF ANY FACT OR CONDITION WHICH WOULD RESULT IN THE
TERMINATION OF SUCH ACCESS.
D.
LESSOR HAS NOT RECEIVED ANY NOTICES,
DEMANDS, OR DEFICIENCY COMMENTS FROM ANY MORTGAGEE OF THE ASSETS OR FROM ANY
STATE, MUNICIPAL, OR COUNTY GOVERNMENT OR ANY AGENCY THEREOF WITH REGARD TO THE
ASSETS.
E.
LESSOR HAS NOT RECEIVED ANY NOTICE OF,
AND HAS NO OTHER KNOWLEDGE OR INFORMATION OF, ANY PENDING OR CONTEMPLATED CHANGE
IN ANY APPLICABLE LAW, ORDINANCE, OR RESTRICTION; OR OF ANY PENDING OR
THREATENED JUDICIAL OR ADMINISTRATIVE ACTION; OR OF ANY ACTION PENDING OR
THREATENED BY ADJACENT LANDOWNERS OR OF ANY NATURAL OR ARTIFICIAL CONDITION UPON
THE ASSETS, OR ANY PART THEREOF, ANY OF WHICH WOULD RESULT IN ANY MATERIAL
CHANGE IN THE CONDITION OF THE ASSETS, OR ANY PART THEREOF, OR IN ANY WAY LIMIT
OR IMPEDE THE OPERATION AT CONTEMPLATED DEVELOPMENT OF THE ASSETS, OR ANY PART
THEREOF, FOR ANY PURPOSE.
F.
LESSOR HAS NOT ENTERED INTO ANY
AGREEMENTS WITH THE CITY OF CRIPPLE CREEK OR THE COUNTY OF TELLER OR THE STATE
OF COLORADO, OR ANY OTHER GOVERNMENTAL ENTITY, WITH RESPECT TO THE ASSETS THAT
MAY RESULT IN LIABILITY OR EXPENSE TO LESSEE, AND FURTHER THAT THERE ARE NO
SPECIAL IMPROVEMENT ASSESSMENTS RELATING TO THE ASSETS.
G.
EACH AND EVERY DOCUMENT, SCHEDULE, ITEM,
AND OTHER INFORMATION TO BE DELIVERED TO LESSEE BY LESSOR HEREUNDER SHALL BE
FULLY TRUE, ACCURATE, AND CORRECT, AND NO SUCH DOCUMENT, SCHEDULE, OR
INFORMATION CONTAINS OR WILL CONTAIN ANY UNTRUE STATEMENT OF A MATERIAL FACT OR
OMITS OR WILL OMIT A MATERIAL FACT