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There shall be no removal of timber without prior notice to Lessor. Any merchantable timber cut in
<br /> conjunction with the approved mining plan is to remain the property of the State. All other timber,
<br /> stash, stumps, and boughs are to be disposed of by Lessee.
<br /> There shall be no importing of material, including fill material, soil, rock, debris and trash, from
<br /> outside the Leased Premises. Recycled asphalt may be allowed as an ancillary use per paragraph 5, but
<br /> all recycled asphalt shalt be removed prior to(ease termination, and shall be stored in accordance with
<br /> all laws per paragraph 31.
<br /> 24. HOLD HARMLESS -- The Lessee shalt indemnify and hold the Lessor, including without limitation all
<br /> Lessor's officers, agents, employees and board members (collectively "Board Indemnitees") harmless
<br /> from any and all liability, liens, demands, judgments, suits, and claims of any kind or character arising
<br /> out of, in connection with, or relating to the Lessee's Operations on the Leased Premises including, but
<br /> not limited to, environmental issues, erosion, sedimentation, surface and sub-surface damage, claims
<br /> for injury to or death of any persons, or damage, loss or destruction of any property, real or personal,
<br /> under any theory of tort, contract, strict liability, or statutory liability ("Claims"), except to the extent
<br /> such Claims arise from the Board Indemnitees' gross negligence or willful misconduct. The Lessee
<br /> further covenants and agrees to defend any suits brought against the Lessor on any Claims, and to pay
<br /> any judgment against the Lessor resulting from any suit or suits, together with all costs and expenses
<br /> relating to any claims, including reasonable attorney's and expert fees, arising from the Lessee's
<br /> Operations on the Leased Premises, or other land owned by the Lessor, except to the extent such
<br /> Claims arise from the Lessor's gross negligence or willful misconduct. The Lessor, if it so elects, shall
<br /> have the right to participate in its defense in any suit or suits in which it may be a party, inclusive of
<br /> using separate counsel without relieving the Lessee of the obligation to defend the Lessor. The Lessor
<br /> shall have the right to employ separate counsel in any action, suit or proceeding if, in accord with
<br /> applicable codes or rules of attorney conduct, there would be an unwaivable or unwaived conflict of
<br /> interest between the Lessee and the Lessor so that they cannot be represented by the same counsel
<br /> and, under such circumstances, the fees and expenses of such separate counsel shalt be paid solely by
<br /> the Lessee.
<br /> 25. LIENS AND CLAIMS -- Lessee shalt not suffer or permit to be enforced against the Leased Premises, or
<br /> any part thereof, or any improvements thereon, any liens arising from, or any claim for damage
<br /> growing out of the work of any construction, repair, restoration, replacement or improvement, or any
<br /> other claims or demand howsoever the same may arise, but Lessee shall pay or cause to be paid all of
<br /> said liens, claims, or demands before any action is brought to enforce the same against the Leased
<br /> Premises or 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, and actions
<br /> together with reasonable attorney fees and ail costs and expenses in connection therewith.
<br /> Lessee shall, upon execution of this lease, at its cost, prepare a Notice, pursuant to C.R.S. 1973,
<br /> S 38-22-105 and cause the same to be posted for the purpose of protecting Lessor against any liens or
<br /> encumbrances upon the Leased Premises by reason of work, labor, services or materials contracted for
<br /> or supplied to Lessee.
<br /> 26. BOND -- It is agreed that no operations are to be commenced on the lands herein described unless and
<br /> until Lessee or Lessee's agent has filed a good and sufficient bond with Lessor in an amount fixed by
<br /> Lessor, to secure the payment for damages caused by Lessee's or Lessee's agent's operations on said
<br /> lands. Lessor reserves the right to grant relief from the foregoing bond requirements. Lessor may
<br /> require such bond to be held in full force and effect for one year after cessation of operations for
<br /> GL 110167 Revised 9/2015
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