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continuance hereof, which in any manner affect or control mining or other operations of Lessee, and
<br /> Lessee further agrees that good mining methods shall be used at all times of active mining so long as
<br /> said methods are consistent within the law.
<br /> Lessee shall comply with all applicable federal, state and local environmental, wetlands protection,
<br /> health and hazardous waste laws, ordinances and regulations. In addition to the foregoing, and not in
<br /> limitation thereof, Lessee shall not cause or permit any Hazardous Material to be brought upon, kept or
<br /> used in or about the Leased Premises by Lessee or Lessee's agents, employees, contractors or invitees,
<br /> without the prior written consent of Lessor. If Lessee breaches the obligations stated in the preceding
<br /> sentence, or if the presence of Hazardous Material on the Leased Premises caused or permitted by
<br /> Lessee results in contamination of the Leased Premises, or if contamination of the Leased Premises by
<br /> Hazardous Material otherwise occurs for which Lessee is legally liable, then Lessee shall indemnify,
<br /> defend and hold Lessor harmless from any and all claims, judgments, damages, penalties, fines, costs,
<br /> liabilities or losses (including, without limitation, diminution in value of the Leased Premises, damages
<br /> for the loss or restriction on use of the Leased Premises, damages arising from any adverse impact on
<br /> future leasing of the Leased Premises, and sums paid in settlement of claims, attorney fees, consultant
<br /> fees and expert fees) which arise during or after the lease term as a result of such contamination. This
<br /> indemnification of Lessor by Lessee includes, without limitation, costs incurred in connection with any
<br /> investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any
<br /> federal, state, or local governmental agency or political subdivision because of Hazardous Material
<br /> present in the soil or ground water on or under the Leased Premises. Without limiting the foregoing, if
<br /> the presence of any Hazardous Material on the Leased Premises caused or permitted by Lessee results
<br /> in any contamination of the Leased Premises, Lessee shall promptly take atl actions at Lessee's sole
<br /> expense as are necessary to return the Leased Premises to the condition existing prior to the
<br /> introduction of any such Hazardous Material to the Leased Premises; provided that Lessor's approval of
<br /> such actions shall first be obtained. As used herein, the term "Hazardous Material" means any
<br /> hazardous or toxic substance, material or waste which is or becomes regulated by any local
<br /> governmental authority, the State of Colorado or the United States Government. The term "Hazardous
<br /> Material" includes, without limitation, any material or substance that is (i) defined or designated as a
<br /> "hazardous substance", 'hazardous waste" or a "regulated substance" under appropriate state or federal
<br /> law.
<br /> 32. ARCHAEOLOGY -- It is contrary to State law to excavate, appropriate or disturb any historical,
<br /> prehistoric or archaeological site or resource on any lands administered by Lessor. Discovery of a
<br /> suspected site or resource shall be immediately brought to the attention of Lessor and the State
<br /> Archaeologist or Lessee shall provide evidence that no significant archaeological sites exist on the
<br /> Leased Premises which could be destroyed by Lessee's operations.
<br /> 33. DEFAULT AND FORFEITURE -- If for any reason Lessee fails to keep each and every one of the
<br /> covenants and conditions herein, and if such default continues for a period of thirty (30) days after
<br /> service of written notice thereof by certified mail upon Lessee, Lessor shall have the right to declare
<br /> this lease forfeited, and to enter onto the Leased Premises either with or without process of law, and
<br /> to expel, remove and put out Lessee or any person occupying the premises, using such force as may be
<br /> necessary to do so.
<br /> In the event of the termination of the lease by reason of breach of the covenants herein
<br /> contained, Lessee shalt surrender and peaceably deliver to Lessor the above-described premises, and
<br /> such premises shad be in good mining condition. If, upon termination of this lease for any reason,
<br /> whether by surrender, forfeiture or expiration of term or otherwise, Lessee shall not have fully
<br /> GL 110167 Revised 9/2015
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