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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
Metadata
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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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Lessor against any liens or encumbrances upon the Leased Premises by reason of work, <br />labor, services or materials contracted for or supplied to Lessee. <br />25. BOND -- It is agreed that no operations are to be commenced on the lands herein <br />described unless and until Lessee or Lessee's agent has filed a good and sufficient bond <br />with Lessor in an amount fixed by Lessor, to secure the payment for damages caused by <br />Lessee's or Lessee's agent's operations on said lands. Lessor reserves the right to grant <br />relief from the foregoing bond requirements. Lessor may require such bond to be held in <br />full force and effect for one year after cessation of operations for which the bond was <br />intended. This requirement may be satisfied by the financial warranty requirements of <br />the Division of Reclamation, Mining, and Safety. <br />26. WATER -- This paragraph is deleted. <br />27. SURRENDER AND RELINQUISHMENT -- Lessee may, at any time, by paying to Lessor all <br />amounts then due as provided herein, surrender and cancel this Lease insofar as the <br />same covers alt or any portion of the Leased Premises and upon written approval and <br />acceptance by the Lessor of full performance by Lessee for such surrendered Leased <br />Premises be relieved from further obligations or liability hereunder with respect to the <br />surrendered Leased Premises; provided that no partial surrender or cancellation of this <br />Lease shall be for less than tracts of approximately forty (40) acres or governmental lot <br />corresponding to a quarter - quarter section, the rental being reduced proportionately. <br />The Lessee shall not be released from further obligations or liabilities for such <br />surrendered Leased Premises pursuant to this Paragraph 27 for breaches of this Lease by <br />Lessee which were unknown by Lessor at the time of the surrender by Lessee. <br />This surrender clause and option herein reserved to Lessee shall cease and <br />become absolutely inoperative immediately and concurrently with the institution of any <br />suit in any court of law by Lessee, Lessor or any assignee of either to enforce this Lease, <br />or any of its terms, express or implied, but in no case shall surrender be effective until <br />Lessee shall have made full provision for conservation of the minerals and protection of <br />the surface rights of the Leased Premises as may be determined by Lessor. <br />Notwithstanding the foregoing, no surrender and relinquishment of this Lease <br />shall be effective unless and until all reports, documents and information of any kind <br />required to be submitted to Lessor under this Lease, or to such state agencies as <br />provided in this Lease have been submitted to Lessor or such state agency. <br />28. RIGHT OF REMOVAL -- In the event this Lease is terminated pursuant to Paragraph 27, or <br />the expiration of its term, and all obligations of Lessee under this Lease are satisfied, all <br />Lessee's improvements, equipment, man -made objects of any type, including stockpiles <br />and dumps except as these stock piles and dumps may be disposed of pursuant to the <br />reclamation plan, shall be removed from the Leased Premises within six months from the <br />date of such termination at Lessee's expense. Such removal is to be accomplished <br />without unnecessary waste or damage to the premises and Lessee shall restore the <br />surface of the Leased Premises to the same condition as immediately prior to the <br />execution of this lease as it pertains to such removal. <br />Page 8 of 13 <br />
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