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check assays and scales (or means of volumetric measurement, as applicable) as to their <br />accuracy, to go through or on any part or all of the Leased Premises to examine, inspect, <br />survey and take measurements of the same and to take samples of any kind and to <br />examine and make extracts from or copies of all books and weight and volume sheets <br />and records which show in any way the ore output, ore values, payments and royalties <br />from and of the Leased Premises. At[ conveniences necessary for such inspection, <br />survey, or examination shalt be furnished to Lessor. Lessor may require Lessee to <br />provide at[ instruments and documents of any kind and nature whatever which affect <br />Lessor's interests. <br />20. NOTICES -- Any notice required to be given to Lessee under the provisions of this Lease <br />shall be sent by certified mail to the address set forth at the beginning of this Lease or <br />to such other address as Lessee may indicate in writing to Lessor, and such service by <br />mail shall be deemed sufficient and in full compliance with the terms of this Lease as of <br />the date it is postmarked. Notice to Lessor shall be given in like manner, addressed to <br />the State Board of Land Commissioners Denver, Colorado address. <br />21. NOTIFICATION OF MINING OPERATIONS - -It is understood that Lessor does not own the <br />surface estate of Leased Premises, Lessee shall be responsible for identifying such <br />ownership, and shall notify all such parties in advance of any on -site activity. Lessee <br />shall closely coordinate any on -site activity with the surface owner, and make a <br />reasonable effort to protect the integrity of surface owner's fences, gates, cattleguards, <br />and other property. <br />22. PROTECTION AGAINST SURFACE DAMAGE - This paragraph is deleted. <br />23. INDEMNIFICATION -- Lessee shall indemnify Lessor against all liability and loss, and <br />against all claims and actions, including the defense of such claims or actions, based <br />upon or arising out of damage or injury, including death, to persons or property caused <br />by or sustained in connection with this Lease or by conditions created thereby, or based <br />upon any violation of any statute, ordinance, or regulation. <br />24. LIENS AND CLAIMS -- Lessee shalt not suffer or permit to be enforced against the Leased <br />Premises, or any part thereof, or any improvements thereon, any liens arising from, or <br />any claim for damage growing out of the work of any construction, repair, restoration, <br />replacement or improvement, or any other claims or demand howsoever the same may <br />arise, but Lessee shalt pay or cause to be paid all of said liens, claims, or demands <br />before any action is brought to enforce the same against the Leased Premises or <br />improvements. Lessee agrees to defend, indemnify and hold Lessor and the Leased <br />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 <br />connection therewith. <br />Lessee shalt, upon execution of this Lease, at its cost, prepare a Notice, pursuant <br />to C.R.S. § 38 -22 -105 and cause the same to be posted for the purpose of protecting <br />Page 7 of 13 <br />