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CMS 62167
<br /> Any and all utilities required by Lessee for Lessee operations are the sole responsibility of Lessee.
<br /> E.Lessee Representations
<br /> Lessee represents and warrants that as of the Effective Date it has or will have prior to the start of Commercial
<br /> Operation,and that at all times during the Term hereof it shall have and maintain,at its sole expense,all
<br /> licenses,certifications,approvals, insurance,permits,and other authorizations required by law to perform its
<br /> obligations hereunder. Lessee warrants that it shall maintain all necessary licenses,certifications,approvals,
<br /> insurance,permits,and other authorizations required to properly perform this Lease,without reimbursement
<br /> by the State or other adjustment in Lease Fees or Royalties. Additionally,all employees, agents,and
<br /> Subcontractors of Lessee shall hold all required licenses or certifications,if any,to perform their
<br /> responsibilities. Lessee,if a foreign corporation or other foreign entity transacting business in the state of
<br /> Colorado, further warrants that it currently has obtained and shall maintain any applicable certificate of
<br /> authority to transact business in the state of Colorado and has designated a registered agent in Colorado to
<br /> accept service of process. Any revocation,withdrawal or non-renewal of licenses,certifications,approvals,
<br /> insurance,permits or any such similar requirements necessary for Lessee to properly perform the terms of this
<br /> Lease is a material breach by Lessee and constitutes grounds for termination of this Lease. Lessee represents
<br /> that it is the owner of or fully authorized to use any and all services,processes,machines,articles,marks,
<br /> names or slogans used by it in its operations under this Lease,and Lessee shall pay all costs associated
<br /> therewith. Lessee shall defend all suits or claims for infringement of any patent rights and shall save the State
<br /> harmless from loss based thereon.
<br /> 10.DEVELOPMENT REQUIREMENTS
<br /> Prior to Lessee undertaking Commercial Operation at the Leased Premises, Lessee shall have first fully satisfied all
<br /> requirements found in Exhibit D and Exhibit E,and in addition to evidencing that these requirements have been
<br /> successfully accomplished by such documentation as Lessor may require,Lessee shall prepare, execute,and deliver
<br /> to Lessor a notarized affidavit,satisfactory to Lessor,which shall assert compliance with these requirements.
<br /> 11. GOVERNMENTAL APPROVAL AND COMPLIANCE WITH LAW
<br /> Lessee shall comply fully with all the provisions,terms, conditions of all laws,ordinances,rules,regulations,
<br /> policies,and guidances,whether local,state,or federal,and directives,permits,licenses,and orders issued
<br /> thereunder,which may be in effect during the Term of this Lease,and which in any manner affect,govern,regulate,
<br /> or control the operations of Lessee. In further definition thereof,but not in limitation thereof,Lessee agrees to the
<br /> requirements identified in Exhibit E. Failure to comply with authorities having jurisdiction is a material breach of
<br /> this Lease and failure to cure within the timelines provided herein shall render the Lease subject to immediate
<br /> termination without further opportunity to cure,if any,and result in Lessor's immediate right to pursue bonded
<br /> performance and restoration and reclamation under required mining permits and their associated financial warranty
<br /> vehicles or mechanisms.
<br /> A.Monitoring
<br /> Lessee shall permit local,state,and federal governmental agencies having jurisdiction,in their sole discretion,
<br /> to monitor Lessee's performance and all activities associated with this Lease using any reasonable procedure,
<br /> including,but not limited to:internal evaluation procedures,examination of program data,special analyses,
<br /> on-site checking,formal audit examinations,or any other procedures.
<br /> B.Inspections
<br /> i. Lessee shall permit the local,State,the federal government and any other duly authorized agent of a
<br /> governmental agency to audit,inspect,examine,excerpt,copy and transcribe Lessee's records related to this
<br /> Lease during the Lease Tenn and the Record Retention Period,to assure compliance with the terms hereof or to
<br /> evaluate performance hereunder.
<br /> 1 DOC(including CCi)and the State reserve the right to inspect the Leased Premises at all reasonable times
<br /> and places during the Term of this Lease.
<br /> iii. If Lessee's operations fail to conform to the requirements of this Lease,the State may exercise any
<br /> remedies available under this Lease,at law or in equity, in lieu of or in conjunction with Lessee efforts.
<br /> 12.WATER
<br /> The Parties shall observe the requirements and limitations of water use expressed in Exhibit F.
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