NITRATE EXPLOSIVE MATERIAL PRODUCED BY SUBTENANT OR SUCH OTHER
MATERIALS THAT ARE APPROVED BY SUBLANDLORD FROM TIME TO TIME IN ACCORDANCE WITH
THE OPERATING PROCEDURES USED BY SUBTENANT, AS AMENDED FROM TIME TO TIME BY
SUBTENANT IN CONSULTATION WITH AND APPROVAL FROM SUBLANDLORD WHICH
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APPROVAL SHALL NOT BE UNREASONABLY WITHHELD (THE "PROCEDURES"). SUBTENANT SHALL
NOT MANUFACTURE, TEST, USE, OR DESTROY ANY CHEMICAL OR EXPLOSIVE MATERIALS ON
THE LEASED PREMISES, OTHER THAN THE EXPLOSIVE IDENTIFIED IN THE PROCEDURES,
WITHOUT THE EXPRESS WRITTEN CONSENT OF SUBLANDLORD, WHICH CONSENT SHALL NOT BE
UNREASONABLY WITHHELD. SUBTENANT AGREES TO USE AND MAINTAIN THE BLUE STONE MINE
IN SUCH A CONDITION THAT MAINTAINS AND MAXIMALLY PROLONGS ITS INTEGRITY AND
USEFUL LIFE, PROVIDED, HOWEVER, THAT SUBTENANT SHALL HAVE NO RESPONSIBILITY TO
SUBLANDLORD FOR ADVERSE EFFECTS TO THE INTEGRITY OR USEFUL LIFE OF THE BLUE
STONE MINE CAUSED BY (I) SUBTENANT'S USE OF EXPLOSIVES AS SPECIFIED IN THIS
PARAGRAPH, OR (II) SUBTENANT'S OPERATIONS ACCORDING TO THE PROCEDURES. SUBTENANT
AGREES TO PROMPTLY NOTIFY SUBLANDLORD OF ANY ACTIONS WHICH IT KNOWS OR
REASONABLY BELIEVES MAY RESULT IN, OR IS LIKELY TO HAVE RESULTED IN, SOIL OR
GROUNDWATER CONTAMINATION. IN ADDITION, SUBTENANT AGREES TO PERIODICALLY INSPECT
AND REPAIR THE BLUE STONE MINE, INCLUDING WITHOUT LIMITATION THE UNDERHANGS IN
THE BLUE STONE MINE, SO THAT THE BLUE STONE MINE IS (I) MAINTAINED IN A SAFE,
LAWFUL CONDITION DURING THE TERM OF THIS SUBLEASE, AND (II) IN SUBSTANTIALLY THE
SAME CONDITION AT THE END OF THE TERM OF THIS SUBLEASE AS IT WAS AT THE
COMMENCEMENT DATE OF THE DUPONT SUBLEASE, SUBJECT TO NORMAL WEAR AND TEAR.
(D)
SUBTENANT ACKNOWLEDGES THAT HAZARDS MAY BE INVOLVED IN CONDUCTING
EXPLOSIONS IN THE BLUE STONE MINE, INCLUDING PROVIDING THE SERVICES UNDER THE
TOLLING AGREEMENT. ACCORDINGLY, SUBTENANT AGREES TO PERFORM ALL WORK AT THE
LEASED PREMISES IN A CAREFUL AND WORKMANLIKE MANNER AND TO TAKE ALL REASONABLY
NECESSARY PRECAUTIONS IN THE PROCESSING, HANDLING, TRANSPORTATION, AND DISPOSAL
OF EXPLOSIVES, TO AVOID DAMAGE TO PROPERTY OR POLLUTION AND IN COMPLIANCE WITH
ALL APPLICABLE LAWS, RULES AND REGULATIONS. IN THAT
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REGARD, SUBTENANT SHALL PROVIDE SECURITY PRECAUTIONS REASONABLY REQUIRED BY
SUBLANDLORD OR OWNERS TO SAFELY PROCESS, HANDLE, TRANSPORT, AND DISPOSE OF THE
EXPLOSIVES.
(E)
SUBLANDLORD SHALL HAVE THE RIGHT TO IMMEDIATELY REQUIRE THE
SUSPENSION OF THE EXPLOSIONS ON THE LEASED PREMISES UPON WRITTEN NOTICE TO
SUBTENANT, WITHOUT LIABILITY ON THE PART OF SUBLANDLORD TO SUBTENANT, IF AT ANY
TIME SUBLANDLORD IN ITS REASONABLE JUDGMENT DETERMINES THAT SUBTENANT HAS
MATERIALLY VIOLATED ANY MATERIAL PROVISION OF THIS SECTION 7. THE RIGHT TO
CONDUCT EXPLOSIONS SHOULD REMAIN SUSPENDED UNTIL SUBTENANT CORRECTS SUCH
VIOLATION; PROVIDED THAT SUBTENANT SHALL HAVE A RIGHT OF ACCESS TO THE LEASED
PREMISES TO CORRECT SUCH VIOLATIONS. IF SUBTENANT FAILS TO CORRECT ANY SUCH
VIOLATION WITHIN THE TIME PERIODS SET FORTH IN SECTION 13(A)(III), AN EVENT OF
DEFAULT SHALL EXIST.
8.
TAXES AND ASSESSMENTS.
(A)
FOR THE PURPOSE OF THIS SUBLEASE, THE TERM "TAXES" SHALL MEAN ALL
REAL ESTATE TAXES AND ASSESSMENTS, INCLUDING SUBSTITUTES THEREFOR OR SUPPLEMENTS