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2015-03-05_PERMIT FILE - M2015008
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2015-03-05_PERMIT FILE - M2015008
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Last modified
5/21/2020 9:30:15 AM
Creation date
3/5/2015 3:20:06 PM
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Template:
DRMS Permit Index
Permit No
M2015008
IBM Index Class Name
PERMIT FILE
Doc Date
3/5/2015
Doc Name
Addressing Concerns
From
Kirkland Construction
To
DRMS
Email Name
PSH
Media Type
D
Archive
No
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8. PENALTIES -- A penalty shall be imposed for, but not limited to, late payments, improper <br />payments, operational deficiencies of any kind whatsoever, violations of any covenants <br />of this Lease, or any false statements made to Lessor. Penalties shall be determined by <br />Lessor unless otherwise provided for by law and may be in the form of, but not limited <br />to, interest, fees, fines, and /or lease cancellation. A penalty schedule shall be prepared <br />by Lessor and shalt become effective immediately after public notice. Said schedule <br />may be changed from time to time after such notice. <br />9. ASSIGNMENT -- Lessee, only with prior written consent of Lessor, may assign this Lease <br />as to the leasehold interest of such Lessee in all or part of the lands covered hereby; not <br />less, however, than tracts of approximately forty (40) acres or governmental lots <br />corresponding to a quarter - quarter section for any partial assignment. Any transfer or <br />assignment, or attempted transfer or assignment, of any of the rights granted, without <br />such consent in writing, shall be absolutely void, and at the option of the Lessor, shalt <br />terminate this Lease. <br />No assignment of undivided interests or retention or reservation of overriding <br />royalties will be recognized or approved by Lessor, and the effect, if any, of any such <br />assignments or reservations wilt be strictly and only as between the parties thereto and <br />outside the terms of this Lease. No dispute between parties to any assignment or <br />reservation shalt operate to relieve Lessee from performance of any terms or conditions <br />hereof or to postpone the time therefore. Lessor will at all times be entitled to look <br />solely to Lessee or his assignee shown on Lessor's books as being sole owner hereof, and <br />for the sending of all notices required by this Lease, for the performance of all terms <br />and conditions hereof. <br />If an assignment of a part of this Lease is approved, a new tease designated as an <br />assignment lease wilt be issued to the assignee covering the lands assigned for the <br />balance of the term of the base lease on the mining lease form in use at the time of <br />assignment and limited as to term as said lease is limited. <br />10. ASSIGNMENT CONSIDERATION -- The consideration for approval of assignment by Lessor <br />shalt be 10% of the value of any consideration tendered to Assignor by Assignee for the <br />assignment. Divulgence of the value of these considerations shalt be mandatory, in <br />affidavit form, which form shalt be presented to Lessor along with the other assignment <br />instruments in order to obtain Lessor's approval for the assignment. An assignment <br />approved by the Lessor does not constitute a new lease but is a continuation of this <br />Lease. Any attempt to withhold this information shall be construed as an attempt to <br />defraud the State of Colorado and shall render this Lease terminated at the discretion of <br />the Lessor, and all moneys paid to Lessor shall be forfeited to Lessor. In addition, the <br />current statutory fees will be paid at the time the assignment record form is submitted. <br />11. WEIGHTS -- To the extent Lessee calculates royalties by weight (rather than by volume), <br />it is agreed that all ores, minerals and other materials mined and taken from the Leased <br />Premises shall be weighed and assayed and the weight and assay thereof shalt be <br />entered in due form in weight and assay records kept for such purposes by Lessee. <br />Page 5 of 13 <br />
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