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J70`tY7 V7 1.4-•!7 rll rUyC .. Vr <br />C) The mining periods shall commence on the first day of mining and end one year <br />thereafter. <br />d) The first Royalty Payment pursuant to item (a) above shall be made within fifteen <br />(15) days from the first day of actual crushing. <br />5. Access Easement. As further consideration for LESSEE'S agreement to enter into this <br />Lease, LESSOR hereby agrees that it shall and hereby does grant to LESSEE a fifty foot (50') <br />wide non - exclusive access, ingress and egress easement over and across LESSOR'S real <br />property described in Exhibit "B" attached hereto and incorporated herein by this reference (the <br />"Encumbered Property "), to and from the Leased Property, which easement shall be for <br />LESSEE'S use in connection with its production, transportation, and general operations on the <br />Lease Property (the "Access Easement Roadway "). <br />6. Requisite Permits; Conditions Precedent to LESSEE'S Obligations. LESSEE <br />hereby agrees that, during the Term of this Lease and to the extent required for LESSEE'S <br />mining operations described above, it shall be responsible for obtaining all County, State and <br />Federal permits, licenses and approvals, and for the payment of all fees and bonds necessary <br />for its operations. LESSOR and LESSEE each hereby understand, acknowledge and agree that <br />LESSEE'S obligations under this Lease are expressly contingent upon: (1) LESSEE obtaining <br />and maintaining during the Term of the Lease a mining permit from the Division of Reclamation <br />Mining & Safety, together with any and all other permits or approvals from any other Federal, <br />State or Local agency having jurisdiction over LESSEE'S mining operations, sufficient to enable <br />LESSEE to conduct its mining, production, and distribution activities in the manner <br />contemplated by this Lease, and (2) in addition to any other rights LESSEE may have to <br />terminate, LESSOR hereby agrees that in the event any of these conditions precedent should <br />fail at any time during the Term of this Lease or within the time periods specified above, <br />LESSEE shall have the right to terminate this Lease upon (30) days prior written notice to <br />LESSOR. LESSOR further agrees that, in the event LESSEE should terminate this Lease for <br />failure of the contingency set forth in item (1) above, the LESSEE shall be entitled to a full and <br />complete reimbursement from LESSOR of all Base Rent payments made by LESSEE <br />hereunder as of the date of such termination. <br />7. Reclamation Requirements. The LESSEE will be responsible for performing all <br />reclamation activities required by, and within the time periods set forth in, LESSEE'S mining <br />permit issued by the Colorado Mined Land Reclamation Board, or as otherwise necessary to <br />comply with applicable Local, State, and Federal standards, and LESSEE hereby covenants <br />that it shall post all bonds required by its mining permit issued by the Colorado Mined Land <br />Reclamation Board to assure satisfactory completion of all such reclamation activities, all at no <br />expense to LESSOR. LESSEE shall hold harmless LESSOR for compliance with all <br />reclamation, Federal and State mining laws and regulations. The LESSOR shall grant LESSEE <br />its employees and assigns ingress /egress (access) to the permitted site for purposes of <br />reclamation until such time Huerfano County Government is granted a full reclamation release <br />from the Division of Reclamation Mining and Safety. <br />8. No Other Relationship. The LESSEE is an independent contractor and no <br />employer - employee or agency relationship exists between the parties. The LESSEE is <br />responsible for acts of their employees, and agents and will indemnify and hold harmless the <br />LESSOR for any damages or injuries incurred by any party (including employees and agents of <br />2 <br />