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CMS 62167
<br /> 13. INSURANCE
<br /> Beginning on the Effective Date, Lessee and Lessee Subcontractors,if any,shall obtain and maintain insurance as
<br /> specified in Exhibit G,as modified by§9.F.
<br /> 14. SECURITY
<br /> For so long as Lessee employs offenders at the Leased Premises pursuant to the OLA:
<br /> A. In any and all areas to which the offender may have access and during those times when offenders are present,
<br /> Lessee and Lessee Subcontractors shall comply with all the rules and regulation of DOC, including compliance
<br /> with DOC regulations regarding contraband,as defined and controlled in DOC Administrative Regulations 300-
<br /> 01,300-06,and 300-09,which are hereby incorporated into this Lease by reference. Lessee acknowledges
<br /> receipt of copies of the referenced Administrative Regulations;
<br /> B. All on-site personnel shall agree to,complete,and sign form 300-01 B,Consent to Search,and comply with its
<br /> provisions if they will be in contact with offenders or have access to areas where offenders may have access.
<br /> 15. REPORTS AND RECORDS
<br /> A. Lessee shall make, keep,maintain,and allow inspection and monitoring by Lessor of a complete file of all
<br /> records,documents, communications, notes, and other written materials,electronic media files, licenses,
<br /> permits, and communications,pertaining in any manner to this Lease. Lessee shall maintain such records until
<br /> the last to occur of-
<br /> f. a period of three years after the Lease Term,or
<br /> ii. the resolution of any pending Lease matters,or
<br /> Ili. if an audit is occurring,or Lessee has received notice that an audit is pending,until such audit has been
<br /> completed and its findings have been resolved(collectively, the"Record Retention Period'). Lessee waives an),
<br /> claim of confidentiality for any purpose which it may have related to such records.
<br /> B. Monthly reports
<br /> After Commercial Operations begin,on or before the last day of the week following each month during the term
<br /> of this Lease, Lessee shall submit a written report to Lessor,describing the amount in weight of all Construction
<br /> Materials and the type and amount thereof mined,extracted,and removed from the Leased Premises during the
<br /> preceding calendar month. Lessee shall keep and have in possession complete and accurate books and records
<br /> showing the production and disposition of any and all substances produced on the Leased Premises.
<br /> I. Lessee shall permit Lessor, at all reasonable hours, to examine the same and Lessee shall furnish copies of
<br /> same to Lessor within sixty (60)days following written request along with purchaseCs support documentation
<br /> (e.g.,receipt of sale).
<br /> ii. If any such examination shall reveal,or if either Party shall discover any error or inaccuracy in its own or
<br /> the other Party's statement,payment,calculation,or determination, then proper adjustment or correction thereof
<br /> shall be made as promptly as practicable thereafter,except that no adjustment or correction shall be made if more
<br /> than three(3)years have elapsed between the time the error or inaccuracy occurred and the discovery by either
<br /> Party of said error or inaccuracy.
<br /> Ili. Recovery by Lessee of an over-payment to Lessor shall be limited to the Lease Fees and Royalties due and
<br /> paid Lessor in any given state fiscal year,and then only by offset against future sums correctly due and payable.
<br /> Recovery of over-payment by Lessee to Lessor after the Lease terminates in any fiscal year shall be limited to
<br /> funds being appropriated,allocated,and made available for such purposes by the Colorado General Assembly and
<br /> DOC.
<br /> C.Annual reports
<br /> On or before July I of each year,Lessee shall furnish a complete operations report to Lessor disclosing the types
<br /> of Construction Materials and number of tons of all Construction Materials, by type,removed from the Leased
<br /> Premises during the preceding year.
<br /> i. Lessee shall also furnish in the report a graphic map which shall accurately indicate the location of mining
<br /> operations in the past year.
<br /> ii. Any request to keep certain information confidential should be in writing to Lessor at the time the
<br /> information is submitted to Lessor,and Lessor may keep the data confidential only if consistent with state law.
<br /> Ili. The annual report shall include a compliance and variance report,comparing actual Lessee operations with
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