|
authorize future uses upon or in the leased lands, including
<br />issuing leases for mineral depas►ti not covered hereunder and
<br />approving easements or rights-of-way. Lessor shall condition
<br />such uses to prevent unnecesary or unreasonable interference
<br />with rights of Lessee as may be consistent with concepts of
<br />multiple use and multiple mineral development.
<br />Sec. S. PROTECTION OF DIVERSE INTERESTS, AND
<br />EQUAL OPPORTUNITY - Lessee shall pay when due all
<br />taxes legally assessed and levied under the laws o' -the Statc or
<br />the United States; accord all employees complete freedom of
<br />purchase- pay all wages at least twice each month in lawful
<br />money of the United States; maintain a safe working environment
<br />in accordance with standard industry practices, restrict the
<br />workday to not more than 8 hours in any one day for
<br />underground workers, except in emergences, and vke measures.
<br />necessary to protect the health and safety of the public. No
<br />pei mon under the ae of I6 year.,, shall be employed in any mine
<br />below the surface. To the extent that laws of the Stotc in whiff h
<br />the lands are situated are more restrict_ve than the provision in
<br />this paragraph, then the State laws apply.
<br />Lessee will comply with all provisions of Executive Order No.
<br />11246 of September 24, 1965, as amended, and the rule,
<br />regulations, and relevant orders of the Secret ry of Labor.
<br />Neither Lessee nor Lessee's subcontractors shall maintain
<br />se2;re; -ted facilities.
<br />Sec. 9. (a) TRANSFERS - This lease may be transferred in
<br />whole or in prat to any person, association or corpora, on
<br />qui l►f led to hold such lease interest.
<br />Transfer, of record title, working or royalty intenat must be
<br />approved in accordance with the regulations.
<br />(b) RELINQUISHMENTS - Lessee may relinquish in
<br />writ n,, at any time all rights under this lease or any portion
<br />thereof as provided in the revulavons. Upon lessor's acceptance
<br />o` the relinquishment lessee :hall be relieved of all fu'ure
<br />oblig.tions under the lease or the relinquishes: portion thereof,
<br />whichever is applicable.
<br />Sec. 10. DELIVERY OF PREMISES, REMOVAL OF
<br />MACHINERY, EQUIPMENT, ETC. - At such times as all
<br />portions of this lease are returned to lessor, lessee shall deliver
<br />up to lessor the land leased, underground timber,nv, and such
<br />other supports and structures necessary for the preservation of
<br />the mine workings on the leased premises or deposits and place
<br />all workings in condition for suspension or abandonment.
<br />Within 180 days thereof, lessee shall remove from the premises
<br />all other structures, machinery, equipment, tools, and materials
<br />that it elects to oras required by the authorized officer. Any such
<br />structures, machinery, equipment, tools, and materials remaining
<br />on the leased lands beyond 180 days, or approved extension
<br />thereof, shall become the property of tike lessor, but lessee shall
<br />either remove any or all such property or shall continue to be
<br />liable for the cost of removal and disposal in the amount actually
<br />incurred by the lessor. If the surface :s owned by third parties,
<br />lessor shall waive the requirement for removal, provided the third
<br />parties do not object to such waiver. Lessee :hall, prior to the
<br />termination of bond liability or at any other time when required
<br />and in accordance with all applicable laws and regulations,
<br />reclaim. -J[ lands the surface ofwhich has been disturbed, dispose
<br />of all debris or solid waste, repair the offsite and onsite damage
<br />caused by lessee's activity or act►vines incidental thereto, and
<br />reclaim access roads or trails.
<br />Sec. I I. PROCEEDINGS IN CASE OF DEFAULT- If lessee
<br />fails to comply with applicable laws, existing regulations, or the
<br />terms, conditions and stipulations of this lease, and the
<br />noncompliance continues for 30 days after wntten notice thereof,
<br />this lease shall be subject to cancellation by the lessor only by
<br />judicial proceedings. This provision shall not be construed to
<br />prevent the exercise by lessor of any other legal and equitable
<br />remedy, includint waiver of the default. Any such remedy or
<br />waiver shall not prevent later cancellation for the same default
<br />occurring at any other time.
<br />Sec. 12. HEIRS AND SUCCESSORS - IN -INTEREST - Each
<br />obligation of this lcasc shall extend to and be binding upon, and
<br />every benefit hereof shall insure to, the hers, executors,
<br />administrators, successors, or i ssifns of the respective parties
<br />hereto.
<br />See. 13. INDEMNIFICATION - Lessee shall indemmfy and
<br />hold lormle. s the Urutcd States from any and all claims arising
<br />out of the Le.see's activities and operations under this lease.
<br />Sec. 14. SPECIAL STATUTES - This lease is subject to the
<br />Federal Wafer Pollution Control Act (33 U.S.C. 1151 - 1175) -
<br />the Clean Air Ac=t (42 U.S.C. 1857 et s�Mc.), and to all other
<br />applicable laws pertaining to exploration activities, mining
<br />operartons and reclamation. including the Surface Mining
<br />Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.)
<br />Sec. 15. SPECIAL STIPULATIONS:
<br />(1) CULTURAL RESOURCES. (1) Lessee is responsible for
<br />informing all pr rsons who are as-,ociated w th the operations that
<br />they will be subject to prosecution for knowingly disturbing
<br />historic or archaeological sites, or for collecting artifacts. If
<br />historic or archaeological materials are encountered or uncovered
<br />during any project activities, the lessee is to immediately stop
<br />activities in the immediate v,cmity of the find and anediately
<br />contact the authorized officer (AO) at 970-240-5%'0. Within
<br />five working days, the AO will inform the iesseei5io:
<br />riff
<br />``,
<br />CO
<br />
|