|
GoodMiller #2 Pit 112c Permit
<br />documents with other State agencies, including the Division of Reclamation, Mining, and Safety, Lessee shall notify
<br />Lessor of said filing and Lessor reserves the right to request and obtain copies of such instruments and documents
<br />from the agency or from Lessee.
<br />20. iNSPECTION -- it is agreed that during all proper hours and at all times during Elie continuance of this lease, Lessor
<br />or Lessors duly authorized agent, is authorized to check assays and scales as to their accuracy, to go through or on
<br />any part or all of the Leased Premises to examine, inspect, survey and take measurements of the same and to take
<br />samples of any kind and to examine and make extracts from or copies of all books and weight sheets and records
<br />which show in any way the orc output, orc values, payments and royalties from and of the Leased Premises. All
<br />conveniences necessary for such inspection, survey, or examination shall be furnished to lessor. Lessor may
<br />requite: Lessee to provide all instruments and documents of any kind and nature whatever which affect Lessor's
<br />interests.
<br />21. NOTICES -- Any notice required to be given to Lessee under the provisions of this Leas shall be sent by certified
<br />mail to the address set forth at the beginning of this lease or to such other address as Lessee may indicate in writing
<br />to Lessor, and such service by mail shall be deemed sufficient and in full compliance with the terns of this lease as
<br />of the date it is postmarked. Notice to Lessor shall be given in Iike manner, addressed to the State hoard of Land
<br />Commissionerrs' Denver, Colorado address.
<br />22. NOTIEiCATION Of IvllNTNG QERABONS - -It is understood that Lessor may not own or control the surface
<br />estate of Leased Premises, or Lessor may have issued a surface use Icas : to another lessee. Lessee shall be
<br />responsible for identifying such ownership or detennining the surface lessee or lessees, and shall notify all such
<br />parties in advance of any on -site activity. Notification will be given at least thirty (30) days in advance for untitled or
<br />grazing acreage and at least sixty (60) days in advance for tilled farm (,*round prior to any on site activity. Lessee
<br />shall closely coordinate any on -site activity with the surface owner or lessee, and make a reasonable effort to protect
<br />the integrity of surface owner's or surface lessee's fences, gates, cattleguards, and other property.
<br />23. PROTIRCTION A TA VS-f SURF CE DAMAGE: -- Lessee has the right to utilize as much of the surface of the
<br />lands as is reasonably necessary for mining operations. however, Lessee shall be liable and agrees to pay for all
<br />damages to tlw surface, livestock, growing crops, water wells, reservoirs, or other improvements caused by Lessee's
<br />operations on said lands. There shall be no removal of timber without prior notice to Lessor. Any merchantable
<br />timber cut in conjunction with the approved mining plan is to remain the property of the State. All other timber,
<br />slash, stutups, and boughs are to be disposed of by Lessee.
<br />24. HOLD HARMLESS -- Lessee shall indemnify Lessor against all liability and loss, and against all claims and
<br />actions, including the defense of such claims or actions, based upon or arising out of damage or injury, including
<br />death, to persons or property caused by or sustained in connection with this lease or by conditions created thereby,
<br />or based upon any violation of any statute, ordinance, or regulation.
<br />25. LIENS AND CI.AIMS — Lessee shall not suffer or permit to be enforced against the Leased Premises, or any part
<br />thereof, or any improvements thereon, any liens arising from, or any claim for damage growing out of the work of
<br />any construction, repair, restoration, replacement or improvement, or any other claims or demand howsoever the
<br />same may arise, but L.esux shall pay or cause to be paid all of said liens, claims, or demands before any action is
<br />brought to enforce the same against the Leased Premises or improvements. Lessee agrees to defend, indemnity and
<br />hold Lessor and the Leased Premises free and harmless from all liability for any and all such liens, claims, demands,
<br />and actions together with reasonable attorney fees and all costs and expenses in connection therewith.
<br />Page 6 of I 1
<br />GoodMiller #2 Pit Dec 2014 N -7
<br />
|