EFFECT OF ALL PRESENT AND FUTURE LAWS AND ORDINANCES RELATING
TO SUBTENANT'S USE OF THE LEASED PREMISES;
(4)
VIOLATIONS OF LAWS AND ORDINANCES THAT MIGHT BE DISCLOSED BY AN
EXAMINATION AND INSPECTION OR SEARCH OF THE LEASED PREMISES AS OF THE DATE FIRST
ABOVE WRITTEN;
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(5)
EXCEPT AS SET FORTH IN SECTION 12, THE CONDITION AND STATE OF
REPAIR OF THE LEASED PREMISES AS THE SAME MAY BE ON THE EFFECTIVE DATE;
(6)
ALL TAXES, ASSESSMENTS, WATER METER, AND WATER CHARGES, SEWER
RENTS COMMENCING AS OF THE EFFECTIVE DATE.
(7)
EXISTING OIL AND GAS LEASES ON THE LEASED PREMISES, UNDER WHICH
SUBTENANT IS NOT PERMITTED TO DRILL WITHIN THE AREA ACTUALLY OCCUPIED BY THE
HEREINBEFORE REFERRED TO BLUE STONE MINE; AND
(8)
THE RIGHT OF THE OWNERS TO ENTER ON THE SURFACELAND OF LEASED
PREMISES TO CUT AND REMOVE TIMBER (PROVIDED HOWEVER THAT SUBLANDLORD AND
SUBTENANT AGREE THAT EACH WILL USE REASONABLE EFFORTS TO PREVENT SUCH ACTIVITIES
WITHIN THE LEASED PREMISES).
3.
TOLL MANUFACTURING AGREEMENT. PURSUANT TO AN ASSIGNMENT FROM
DUPONT DATED AS OF MARCH 31, 2000, SUBLANDLORD WAS ASSIGNED THE TOLLING/SERVICES
AGREEMENT FOR INDUSTRIAL DIAMONDS DATED AS OF JULY 22, 1996 BETWEEN DUPONT AND
THE SUBTENANT (THE "TOLLING AGREEMENT"), PURSUANT TO WHICH SUBTENANT HAS AGREED
TO PERFORM CERTAIN SERVICES FOR THE BUSINESS SUPPLIED ORIGINALLY BY DUPONT AND
NOW BY SUBTENANT, INVOLVING DETONATING MATERIALS ON THE LEASED PREMISES TO MAKE
INDUSTRIAL DIAMONDS WITH EACH PARTY ACKNOWLEDGES IS IN FULL FORCE AND EFFECT AS
OF THE DATE OF THIS SUBLEASE..
4.
REQUIREMENTS OF PUBLIC AUTHORITY. DURING THE TERM OF THIS
SUBLEASE, SUBTENANT, AT ITS OWN COST AND EXPENSE, SHALL PROMPTLY OBSERVE AND
COMPLY WITH ALL PRESENT AND FUTURE LAWS, ORDINANCES, REQUIREMENTS, ORDERS,
DIRECTIVES, RULES, AND REGULATIONS OF THE FEDERAL, STATE, COUNTY, TOWN, VILLAGE,
AND CITY GOVERNMENTS, AND OF ALL OTHER GOVERNMENTAL AUTHORITIES AFFECTING THE
LEASED PREMISES OR ANY PART THEREOF WHETHER THE SAME ARE IN FORCE AT THE
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COMMENCEMENT OF THE TERM OF THIS SUBLEASE OR MAY IN THE FUTURE BE PASSED,
ENACTED OR DIRECTED, AND, EXCEPT AS SET FORTH IN SECTION 12 HEREIN, SUBTENANT
SHALL PAY ALL COSTS, EXPENSES, LIABILITIES, LOSSES, DAMAGES, FINES, PENALTIES,
CLAIMS, AND DEMANDS, INCLUDING REASONABLE COUNSEL FEES, THAT MAY IN ANY MANNER
ARISE OUT OF OR BE IMPOSED UPON SUBLANDLORD BECAUSE OF THE FAILURE OF SUBTENANT
TO COMPLY WITH THE COVENANTS OF THIS PARAGRAPH. WITHOUT LIMITING THE FOREGOING,
SUBTENANT, AT SUBTENANT'S COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN ALL
LICENSES, PERMITS AND APPROVALS NECESSARY TO PERFORM EXPLOSION BONDING
OPERATIONS AND SERVICES UNDER THE TOLLING AGREEMENT AND SUBLANDLORD SHALL TAKE
ALL REASONABLE ACTIONS (SO LONG AS NO OUT-OF-POCKET COSTS ARE INCURRED ON ITS
PART) TO ASSIST SUBTENANT IN OBTAINING THE SAME.
5.
TERM. UNLESS SOONER TERMINATED AS PROVIDED HEREIN, THE TERM OF
THIS SUBLEASE SHALL COMMENCE ON DECEMBER 16, 2000, SAID DATE BEING HEREINAFTER
REFERRED TO AS THE "COMMENCEMENT DATE," AND SHALL EXPIRE AT 11:59 P.M., EASTERN
STANDARD TIME, ON DECEMBER 15, 2005, PROVIDED, HOWEVER, THAT ASSUMING THERE IS
NO EVENT OF DEFAULT