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compliance with the terms of this tease as of the date it is postmarked. Notice to Lessor shalt be given
<br /> in like manner, addressed to the State Board of Land Commissioners' Denver, Colorado address.
<br /> 72. NOTIFICATION OF MINING OPERATIONS--It is understood that Lessor may not own or control the
<br /> surface estate of Leased Premises, or Lessor may have issued a surface use lease to another lessee.
<br /> Lessee shall be responsible for identifying such ownership or determining the surface lessee or lessees,
<br /> and shall notify all such parties in advance of any on-site activity. Notification will. be given at least
<br /> thirty (30) days in advance for untitled or grazing acreage and at least sixty (60) days in advance for
<br /> tilted farm ground prior to any on site activity. Lessee shall closely coordinate any on-site activity with
<br /> the surface owner or lessee, and make a reasonable effort to protect the integrity of surface owner's or
<br /> surface lessee's fences, gates, cattleguards, and other property.
<br /> 23. PROTECTION AGAINST SURFACE DAMAGE -- Lessee has the right to utilize as much of the surface of
<br /> the lands as is reasonably necessary for mining operations; however, Lessee shall be liable and agrees
<br /> to pay for all damages to the surface, livestock, growing crops, water wells, reservoirs, or other
<br /> improvements caused by Lessee's operations on said lands. If requested in writing by Lessor, Lessee will
<br /> erect fencing around mining operations.
<br /> 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 /> slash, 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.
<br /> 24. HOLD HARMLESS -- The Lessee shall 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 shall 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 /> 110324 Revised 5/2016
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