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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 all 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 /> § 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 /> which the bond was intended. This requirement may be waived in favor of the requirements of the <br /> Colorado Division of Reclamation, Mining, and Safety. <br /> 27. WATER -- If Lessee initiates or establishes any water rights for which the point of surface diversion or <br /> ground water withdrawal is on the Leased Premises, title to such water rights shall, upon termination <br /> of the lease, become the property of the surface owner without cost, and title to the water rights shall <br /> be conveyed to the surface owner immediately upon termination, except that if Lessor is the surface <br /> owner the water right shalt be taken in the name of Lessor in the first instance and shall be the <br /> property of Lessor without cost. <br /> 28. SURRENDER AND RELINQUISHMENT -- Lessee may, at any time, by paying to Lessor at[ amounts then <br /> due as provided herein, surrender and cancel this lease insofar as the same covers all or any portion of <br /> the lands herein teased and be relieved from further obligations or liability hereunder with respect to <br /> the lands so surrendered; provided that no partial surrender or cancellation of this lease shall be for <br /> less than tracts of approximately forty (40) acres or governmental lot corresponding to a <br /> quarter-quarter section, the rental being reduced proportionately. <br /> This surrender clause and option herein reserved to Lessee shall cease and become absolutely <br /> inoperative immediately and concurrently with the institution of any suit in any court of law by Lessee, <br /> Lessor or any assignee of either to enforce this tease, or any of its terms, express or implied, but in no <br /> case shalt surrender be effective until Lessee shall have made full provision for conservation of the <br /> Minerals and protection of the surface rights of the Leased Premises as may be determined by Lessor. <br /> Notwithstanding the foregoing, no surrender and relinquishment of this lease shalt be effective <br /> unless and until all reports, documents and information of any kind required to be submitted to Lessor <br /> under this lease, or to such state agencies as provided in this lease have been submitted to Lessor or <br /> such state agency. <br /> 29. RIGHT OF REMOVAL -- In the event this lease is terminated by surrender, or the expiration of its term, <br /> and all obligations of Lessee under this lease are satisfied, all Lessee's improvements, equipment, <br /> man-made objects of any type, including stockpiles and dumps except as these stock piles and dumps <br /> may be disposed of pursuant to the reclamation plan, shall be removed from the Leased Premises <br /> within six months from the date of such termination at Lessee's expense. Such removal is to be <br /> accomplished without unnecessary waste or damage to the premises and Lessee shall restore the <br /> 110324 Revised 5/2016 <br /> Page 8 of 14 <br />