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GoodMiller #2 Pit 112c Permit
<br />leased land is taken by condemnation, Lessor may, at its option, icrsninate this lease, or tenttin= only that portion of
<br />the lease so taken.
<br />31. (:ONIPLIA CE WIT LAW -- Lessee shall comply fully with all the provisions, terms, conditions of all laws,
<br />whether state or federal, and orders issued thereunder, which may be in effect during the continuance hereof, which
<br />in any manner affect or control mining or other operations of Lessee, and Lessee further agrees that goud mining
<br />methods shall be used at all tunes of active mining so long as said methods are consistent within the law.
<br />Lessee shall comply with all applicable federal, state and local environmental, wetlands protection, Itealth and
<br />hazardous waste law's, ordinances and regulations. lit addition to the foregoing, and not in limitation thereof, Lessee
<br />shall not cause or permit any l iazardous Material to he brought upon, kept or used in or about the Leased Premises
<br />by Lessee or lessees agents, employees, contractors or invitces, without the prior written consent of Lessor. if
<br />Lessee breaches the obligations stated in die preceding sentence, or if the presence of Hazardous Material on the
<br />Leased Premises caused or permitted by Lessee results in contamination of the Leased Premises, or if contamination
<br />of the [,eased Premises by I Iazarduus Material otherwise occurs for which Lessee is legally liable, then Lessee shall
<br />indemnify, defend and hold Lessor harmless from any and all claims, judgments, damages, penalties, fines, costs,
<br />liabilities or losses (including, without limitation, diminution in value of the Leased Premises, damage.¢ for the loss
<br />or restriction on use of the Leased Premises, damages arising from any adver,, impact on future leasing of the
<br />Leased Premises, and sums paid in settlement of claims, attorney fees, consultant fees and expert fees) which arise
<br />during or after the lease term as a result of such contamination. This indemnification of Lessor by Lessee includes,
<br />without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial,
<br />removal, or restoration work required by any federal, state, or local guvernmental agency or political subdivision
<br />because of Hazardous R- latetial present in the soil or ground water on or under the Leased Premises. Without
<br />limiting the foregoing, if the presence of any Hazardous Material on the Leased Premises caused or permitted by
<br />Lecsue results in any contamutation of the Leased Premises, Lessee shall promptly take all actions at Lessce's sole
<br />expense as are necessay to return the Leased Premises to the condition existing prior to the introduction of any such
<br />Hazardous Material to the Leased Premises, provided that Lessor's approval of such actions shall first be obtained.
<br />As used herein, the tent "hazardous Material" means any hazardous or toxic substance, material or waste which is
<br />or becomes regulated by any local govenunental authority, the State of Colorado or the United States Government.
<br />The tern "hazardous Material" includes, witliout limitation, any material or substance that is (i) defined or
<br />designated as a "hazardous substance ", "hazardous. waste" or a "regulated substance" under appropriate state or
<br />federal law.
<br />31 ARC 1:1E010Gy -- It is contrary to State law to excavate, appropriate or disturb any historical, prehistoric or
<br />archaeological site or resource oft any lands administered by Lessor. Discovery of a suspected site or resource shall
<br />be immediately brought to the attention of Lessor and the State Archaeologist or Lessee shall provide evidence Qtat
<br />no significant archac ological sites exist on the Leased Premises which could be destroyed by Lessee's operations.
<br />33. f?F.FAULT AND }=0RFE1TURt — If for any reason lessee fails to keep each and every one of the covenants and
<br />conditions herein, and if such default continues for a period of thirty (30) days after service of written notice thereof
<br />by certified mail upon Lessee, Lessor shall have the riglit to declare this lease forfeited, and to enter onto the Leased
<br />Premises either with or without process of law, and to expel, remove and put out Lessee or any person occupying
<br />the premises, using such force as may be necessary to do so.
<br />In the event of the termination of the lease by reason of breach of the covenants herein contained, Lessee
<br />shall surrender and peaceably deliver to Lessor the above - described premises, and such premises shall be in good
<br />mining condition. If, upon termination of this lease for any reason, whether by surrender, forfeiture or expiration of
<br />term or otherwise, Lessee: shall not have fully complied with the terns of the [case, Lessor shall hold and retain
<br />possession of the property, improvements. and equipment of Lessee as - wcurity unto lessor for the payment of rents
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<br />GoodMiller #2 Pit Dec 2014 N -9
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