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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 shall surrender and peaceably deliver to Lessor the above-described premises, and <br /> such premises shall 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 /> complied with the terms of the lease, Lessor shall hold and retain possession of the property, <br /> improvements, and equipment of Lessee as security unto Lessor for the payment of rents and royalties <br /> due Lessor, or to protect Lessor against liens, or to indemnify Lessor against any loss or damage <br /> sustained by Lessor by reason of the default of Lessee, for which purpose Lessor is hereby given a lien <br /> upon all such property, improvements, and equipment, which lien shall attach as the same are placed <br /> upon the premises. In the event Lessor shall foreclose the lien in this article given to Lessor by Lessee, <br /> Lessor may itself be a purchaser at any sale thereof under such foreclosure. Upon the termination of <br /> this lease for any cause, if Lessee shall remain in possession of said premises, Lessee shall be guilty of <br /> an unlawful detainer under the statutes in such case made and provided, and shall be subject to all the <br /> conditions and provisions thereof and to eviction and removal, forcibly or otherwise, with or without <br /> process of law, as above provided. <br /> 34. TAXES -- Lessee shall be liable for all taxes lawfully assessed on property of Lessee located on the <br /> Leased Premises. <br /> 35. INSURANCE --The Lessee shall maintain a liability insurance policy with the Board as co-insured in <br /> the amount of not less than one million dollars ($1,000,000.00). This amount may be adjusted by the <br /> Board to comply with the Colorado Governmental Immunity Act, C.R.S. 24-10-114. <br /> 36. MISCELLANEOUS PROVISIONS - <br /> A. Waiver. The waiver of any breach of any provision of this Lease by any party hereto shall not <br /> constitute a continuing waver of any subsequent breach of said party, for any breach of the same or <br /> any other provision of the lease. <br /> B. Heading for Convenience Only. Paragraph headings and titles contained herein are intended for <br /> convenience and reference only and are not intended to define, limit or describe the scope or intent of <br /> any provisions of this Lease. <br /> 110324 Revised 512016 <br /> Page 10 of 14 <br />