2014-09-15_REVISION - M2007044 (3)

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Energy Fuels under this Agreement shall extend to any and all such amended, relocated or patented mining claims. 15. Maintenance Fees/Assessment Work. In any year in which the Congress requires the payment of an annual maintenance,rental or similar payment in lieu of the annual assessment work requirement for unpatented mining claims,Energy Fuels will timely pay such fee for every mining claim which is then part of the Subject Properties. If the annual assessment work requirement is reinstated, the following shall apply. Commencing with the assessment year expiring on September 1, 2006, Energy Fuels shall perform annual assessment work requirements for any and all of the unpatented mining claims which remain subject to this Agreement subsequent to June 1, of any such assessment year, and shall record proof of such annual assessment work on Lessor's behalf in the manner provided by law within the statutory period. Lessor agrees that, in the event Energy Fuels owns or acquires by location, purchase, lease, option or otherwise, the right to explore areas or claims or groups of claims contiguous to the unpatented mining claims covered by this Agreement, Energy Fuels shall have the right to perform assessment work required hereunder pursuant to a common plan of exploration or development for all of the areas, claims or groups of claims,whether performed on or off the Subject Properties.Energy Fuels shall not be liable on account of holdings by any court or governmental agency that the effects of work so elected and performed by Energy Fuels do not constitute the required annual assessment work for purposes of preserving title to such claims, provided that the work so done is of the kind generally accepted as assessment work and that Energy Fuels has expended a total amount sufficient to meet the minimum requirements with respect to all of the unpatented mining claims. 16. Hold ing Costs. Energy Fuels shall pay all costs of holding the Subject Properties during the term of this Agreement, 17. Protection from Liens and Damages. Energy Fuels shall keep the Subject Properties and the whole and every part thereof free and clear of liens for labor done or work performed upon the Subject Properties or materials furnished to them for the development or operation thereof under this Agreement while the same is in force and effect, and will save and keep harmless Lessor from all costs, loss or damage which may arise by reason of injury to any persons employed by Energy Fuels in or upon the Subject Properties or any part thereof, or, except as provided in Paragraph 13 hereof,which may arise by reason of injury to any persons or 9