2017-02-15_PERMIT FILE - M2017004

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17. RECLAMATION -- Lessee shall submit all plans for restoration and reclamation of Leased Premises to Lessor for Lessors approval before submitting the appropriate permit or permits pursuant to the Colorado Mined Land Reclamation Act 34-32-101 ET SEA., C.R.S. 1973 as amended. Rules and regulations as set forth by the Colorado Division of Reclamation, Mining, and Safety for recovery and restoration of mined land will apply where applicable to the Leased Premises. Variations from the reclamation plan as originally submitted to the Board for approval may be granted only with the written approval of Lessor. 18. LESSOR'S APPROVAL -- Whenever approval by Lessor is required or contemplated by Lessee, approval must be in writing and shall be optional and shall be within the sole and absolute discretion of Lessor. 19. OTHER STATE AGENCIES -- Lessor may determine that instruments and documents required by other State agencies satisfy certain requirements of this lease. In the event that Lessee is required to file instruments and documents with other State agencies, including the Division of Reclamation, Mining, and Safety, Lessee shall notify Lessor of said filing and Lessor reserves the right to request and obtain copies of such instruments and documents from the agency or from Lessee. 20. INSPECTION -- It is agreed that during all proper hours and at all times during the continuance of this tease, Lessor or Lessor's duly authorized agent, is authorized to check assays and scales as to their accuracy, to go through or on any part or all of the Leased Premises to examine, inspect, survey and take measurements of the same and to take samples of any kind and to examine and make extracts from or copies of all books and weight sheets and records which show in any way the ore output, ore values, payments and royalties from and of the Leased Premises. All conveniences necessary for such inspection, survey, or examination shall be furnished to Lessor. Lessor may require Lessee to provide all instruments and documents of any kind and nature whatever which affect Lessor's interests. 21. NOTICES -- Any notice required to be given to Lessee under the provisions of this Lease shall be sent by certified mail to the address set forth at the beginning of this lease or to such other address as Lessee may indicate in writing to Lessor, and such service by mail shall be deemed sufficient and in full compliance with the terms of this lease as of the date it is postmarked. Notice to Lessor shall be given in like manner, addressed to the State Board of Land Commissioners' Denver, Colorado address. 22. NOTIFICATION OF MINING OPERATIONS--It is understood that Lessor may not own or control the surface estate of Leased Premises, or Lessor may have issued a surface use lease to another lessee. Lessee shall be responsible for identifying such ownership or determining the surface lessee or lessees, and shall notify all such parties in advance of any on-site activity. Notification will be given at least thirty (30) days in advance for untitled or grazing acreage and at least sixty (60) days in advance for tilled farm ground prior to any on site activity. Lessee shall closely coordinate any on-site activity with the surface owner or lessee, and make a reasonable effort to protect the integrity of surface owner's or surface lessee's fences, gates, cattieguards, and other property. 23. PROTECTION AGAINST SURFACE DAMAGE -- Lessee has the right to utilize as much of the surface of the lands as is reasonably necessary for mining operations; however, Lessee shall be liable and agrees to pay for all damages to the surface, livestock, growing crops, water wells, reservoirs, or other improvements caused by Lessee's operations on said lands. If requested in writing by Lessor, Lessee will erect fencing around mining operations. GL 110167 Revised 9/2015 Page 6 of 13