2014-10-21_REVISION - M1988044 (5)

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21. NOTICES--Any notice required to be given to Lessee under the provisions of this lease shall be sent by certified mail to the address set forth at the beginning of this lease or to such other address as Lessee may indicate in writing to Lessor,and such service by mail shall be deemed sufficient and in full compliance with the terms of this lease as of the date it is postmarked. Notice to Lessor shall be given in like manner, addressed to the State Board of Land Commissioners!Denver,Colorado address. 22. NOTIFICATION OF MINING OPERATIONS--It is understood that Lessor may not own or control the surface estate of Leased Premises,or Lessor may have issued a surface use lease to another lessee. Mineral Lessee shall be responsible for identifying such ownership or determining the surface lessee or lessees, and shall notify all such parties in advance of any on-site activity.Notification will be given thirty(30)days for untitled or grazing acreage and sixty(60)days for tilled farm ground prior to any on-site activity. Mineral Lessee shall closely coordinate any on-site activity with the surface owner or lessee, and make a reasonable effort to protect the integrity of surface owner's or surface lessee's fences,gates,cattleguards,and other property. 23. PROTECTION AGAINST SURFACE DAMAGE — Lessee has the right to utilize as much of the surface of the lands as is reasonably necessary and approved by the Board of Land Commissioners for mining operations; however, Lessee shall be liable and agrees to pay for all damages to the surface, livestock, growing crops, water wells,reservoirs,or other improvements caused by Lessee's operations on said lands.There shall be no removal of timber without prior notice to Lessor. Any merchantable timber cut in conjunction with the approved mining plan is to remain the property of the State. All other timber,slash,stumps,and boughs are to be disposed of by Lessee. 24. CONDITION OF LEASED PREMISES.ACKNOWLEDGEMENT AND ACCEPTANCE OF RISK—Use by the Lessee, its employees,agents,contractors,assigns,invitees,visitors,or other parties associated with Lessee,of the Leased Premises and any trespass onto other property owned by the Lessor by the same is at Lessee's sole risk. Lessee specifically acknowledges and accepts the following: A. The Leased Premises are part of the former Lowry Bombing Range which was used from the 1930s until the 1960s as a bombing range and for gunnery practice. B. As a result of these activities,unexploded ordnance and explosive materials(including live bombs,practice bombs with live spotting charges,shells,and incendiary devices)remain on and under the ground. C. Due to frost heave,erosion,and other ground disturbances,ordnance that was buried may come to the surface. D. The unexploded ordnance and explosives could cause serious injury or death if detonated by impact or ignited. E. The precise location of each piece of unexploded ordnance and explosive material is not known,and potentially dangerous material has been found where there was no known target. By executing this lease,Lessee shall be deemed to have accepted the Leased Premises in their"as is"condition, shall be deemed to have accepted the associated risks,and acknowledges that the Leased Premises comply fully with Lessor's covenants and obligations hereunder. 25. INDEMNIFICATION—Lessee shall indemnify and hold harmless Lessor against all liability and loss,and against all claims and actions,including the defense of such claims or actions,based upon or arising out of damage or injury,including death,to persons or property caused by or sustained in connection with this lease or by conditions created thereby,or based upon any violation of any statute,ordinance,or regulation. Page 7 of 12