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during the full terns of this Lease, subject to the terms and conditions of the Permit and all <br />laws, rules, regulations and orders now or hereafter in effect applicable to the Property. <br />Lessee agrees to comply with all laws, rules, regulations and orders now or hereafter in <br />effect that are applicable to the Property. <br />8. Cooperation: Lessor will use its best efforts, take such actions and execute and deliver <br />such documents that Lessee deems reasonably necessary to more fully vest Lessee with <br />the Property and make effective all of the terms of this Lease, <br />9. Assignability: The Lessee shall have the ability to sublease or assign this Lease with <br />prior written consent of Lessor, which consent shall not be utuvasonably withheld. <br />Provided, however, that any such sublease or assignment by Lessee shall not release <br />Lessee from its duties and obligations under this Lease. <br />10, Surrender of Leased Rights: Upon the termination of this Lease, Lessee shall relinquish <br />all claims to, and use of the Property. <br />11. Notice: Any notice to be given hereunder shall be given by placing the notice hu United <br />States trail, certified or registered, properly stamped and addressed to the address shown <br />below or to such other address as the respective party may direct, in writing, to the other <br />party, by overnight delivery service or by personal delivery to such address. Notice shall <br />be deemed effective upon the placing in the mails, on the next business day following <br />delivery and acceptance for next day delivery by any overnight service, or upon actual <br />delivery if by personal delivery: <br />Lessor: City of Sail Mat -Cos <br />Attn: Thomas P. Taggart <br />630 E. Hopkins <br />San Marcos, Texas 78666 <br />Lessee: Martin Marietta Materials Southwest, Inc. <br />5710 West Hausman Rd., Suite 121 <br />San Antonio, Texas 78219 <br />Attu: General Counsel <br />Martin Marietta Materials, Inc. <br />2710 Wycliff Road <br />Raleigh, NC 27607 <br />Attn: General Counsel <br />12. Default: If for any reason either of the parties fails to comply with any of the provisions <br />of this Lease, the non -defaulting party, at its election, may exercise all rights which may <br />be available to it at law or in equity, including termination of this Lease. Termination of <br />this lease will not limit any other remedies available to the non -defaulting party. <br />(00064331 3) <br />