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K4. 'SURRENDER AND RELINQUISHMENT -- Lessee may, at any time, by paying ,to <br /> ' Lessor, all amounts then due as provided herein, surrender and cancel <br /> this lease insofar as the same covers all or any portion of the lands <br /> herein leased and be relieved from further obligations or liability <br /> hereunder with respect to the lands so surrendered; provided that no <br /> partial surrender or cancellation of this lease shall be for less than <br /> tracts of approximately forty (40) acres or governmental lot <br /> corresponding to a quarter-quarter section, the rental being reduced <br /> proportionately. <br /> This surrender clause and option herein reserved to Lessee shall <br /> cease and become absolutely inoperative immediately and concurrently with <br /> the institution of any suit in any court of law by Lessee, Lessor or any <br /> assignee of either to enforce this lease, or any of its terms, express or <br /> implied, but in no case shall surrender be effective until Lessee shall <br /> have made full provision for conservation of the minerals and protection <br /> of the surface rights of the leased premises as may be determined by <br /> Lessor. <br /> Notwithstanding the foregoing, no surrender and relinquishment of <br /> this lease shall be effective unless and until all reports, documents and <br /> information of any kind required to be submitted to Lessor under this <br /> lease, or to such state agencies as provided in this lease have been <br /> submitted to Lessor or such state agency. <br /> 25. RIGHT OF REMOVAL -- In the event this lease is terminated by forfeiture, <br /> surrender, or the expiration of its term, and all obligations of Lessee <br /> under this lease are satisfied, all Lessee's improvements, equipment, <br /> man-made objects of any type, stockpiles and dumps shall be removed from <br /> the leased premises within six months from the date of such termination <br /> at Lessee's expense. Such removal is to be accomplished without <br /> unnecessary waste or damage to the premises and Lessee shall restore the <br /> surface of the leased premises to the same condition as immediately prior <br /> to the execution of this lease. All improvements and equipment remaining <br /> on the leased premises six months after the termination hereof shall be <br /> forfeited automatically to Lessor without compensation and without <br /> necessity of execution of additional documents. <br /> 26. CONDEMNATION -- Zf the leased land shall be taken In any condemnation <br /> proceeding, this lease shall automatically terminate as of the date of <br /> taking. The award for such condemnation shall be paid to Lessor, except <br /> for any specific award(s) paid to Lessee for severed minerals reserves, <br /> in which event a percent of such specific award(s) equal to royalty shall <br /> be paid to Lessor in lieu of royalty lost by virtue of the condemnation. <br /> Improvements shall be removed by Lessee per terms in the RIGHT OF REMOVAL <br /> paragraph herein. If only a portion of the leased land is taken by <br /> condemnation, Lessee may, at its option, terminate this lease or <br /> terminate only that portion of the lease so taken. <br /> 27. COMPLIANCE WITH LAW -- Lessee covenants and agrees that during the <br /> continuance of this lease Lessee shall comply fully with all the <br /> provisions, terms, conditions of all laws, whether State or Federal, and <br /> orders issued thereunder, which may be in effect during the continuance <br /> hereof, which in any manner affect or control mining or other operations <br /> of Lessee, and Lessee further agrees that good mining methods shall be <br /> used at all times of active mining so long as said methods are consistent <br /> within the law. <br /> 28. ARCHAEOLOGY -- it is contrary to State and Federal law to excavate, <br /> appropriate or disturb any historical, prehistorical or archaeological <br /> site or resource on any lands administered by Lessor. Discovery of a <br /> suspected site or resource shall be immediately brought to the attention <br /> of Lessor and the State Archaeologist or Lessee shall provide evidence <br /> that no significant archaeological sites exist on the leased premises <br /> which could be destroyed by Lessee's operations. <br /> 29. DEFAULT AND FORFEITURE -- If for any reason Lessee fails to keep each and <br /> every one of the covenants and conditions herein, and if such default <br /> continues for a period of thirty (30) days after service of written <br /> notice thereof by certified mail upon Lessee, Lessor shall have the right <br /> to declare this lease forfeited, and to enter onto the leased premises <br /> either with or without process of law, and to expel, remove and put out <br /> Lessee or any person occupying the premises, using such force as may be <br /> necessary to do so. <br /> 7 <br />