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This s_irrend?r clause a;id optio,h ;en?in rese;-:ed to Lessee shall cease and become absolutely
<br /> inoperative immediately and concurrently with the institution of any suit irl any court of law by Lessee,
<br /> Lessor or any assignee of eitner to enforce this tease, {), any o' its terms, express or implied, but in no
<br /> case shal su-rend.-r be effccu-,-e until Lessee shall have -lade full provision for conservation of the
<br /> miner ais and protection of the surface rig.its of the Leased Premises as may be determined by Lessor.
<br /> Notwithstanding the foregoing, ro surrender and relinquishment of this ',ease shall be effective
<br /> unless and until all reports, dacurnents a-id information of any hind required to be submitted to Lessor
<br /> under this lease, o- to such state agencies as provided in this lease have been submitted to Lessor or
<br /> such sta-,e agency.
<br /> 29, RIGHT OF REMOVAL -- In the event this !ease is terminated by surrender, or the expiration of its term,
<br /> and all obligations of i"essee under this lease are satisfied, all Lessee's improvements, equipment,
<br /> man-made obiects of any type, including stockpiles and dumps except as these stock piles and dumps
<br /> inay be dls,Dosed of pursuant to the reclamation plan, shag be removed from the Leased Premises
<br /> `Plitnln six rnon`.hs from i:he date of SUCK termination at Lessee's expense. Such removal is to be
<br /> accomplished wiih:jt unnecessary .A/aste or carnage to the prernises and Lessee shall restore the
<br /> Surface Of file Leased Premises to trje sarnE- condition as ,ni.nediately prior to the execution of this
<br /> !ease as it perrains to such removal. r:t, imProvernents and equipment remaining on the Leased
<br /> Premises six montlis after the 'termination nereof shall be forfeited autornaticatly to Lessor without
<br /> compensation, and without necessity of executim-1, or additional documents.
<br /> 30. CONDEMNATION -- If the Leased Premises shalt be taken in any condemnation proceeding, this tease
<br /> shalt autorriaticatly terminate as of the date of taking. The award for such condemnation shall be paid
<br /> to Lessor, :except for any specific av ard(s) paid to Lessee for severed minerals reserves, in which event
<br /> a percent of such specific -.-,,a,-d(s) equal to royalty shall be paid to Lessor in lieu of royalty lost by
<br /> virtue of tre cond�_mnation. Improverrion s shall bc= removed by Lessee per terms in the RIGHT OF
<br /> REMOVAL paragraph here i. if only a portion of the leased land is taken by condemnation, Lessor may,
<br /> at its oprio,i, terminate this lease Cr ter ,rr, i'late only that portion of the tease so taken.
<br /> 31. COMPLIANCE WITH LA'r`Y --Lessee shalt comply filly with at[ the provisions, terms, conditions of all
<br /> ta.'/s, w"ether st?;e or `ederai, and orders issued, th,,,reulder, which may be in effect during the
<br /> contiriva,lce hereof. ,,,"r,icl7 i, any i:lanner affect or control mining or other operations of Lessee, and
<br /> Lessee further agrees t1:3t gr-od mining rrl:'tihods shalt be used at all times of active mining so long as
<br /> said rnethods are consistent tin/ithi.i',
<br /> Lesse: shad CoMpty iviLh till app,iCabte federal, state and local environimental, wetlands
<br /> protectso:,, health and hazarcic,us` izaste tarts. ordinances ana regulations. In addition to the foregoing,
<br /> and not io limitation thereof, Lessee sal not cause or permit any Hazardous h1ateriat to be brought
<br /> .upon, kept or used in or about the Leased Premises p/ Lessee or Lessee's agents, employees,
<br /> contracto-s ur invite,5, without. the 'prior `v'/ritten consent c` Lessor. If Lessee breaches the obligations
<br /> stated in the preceding sentence. or i; the presence cf Hazardous Material on the Leased Premises
<br /> caused or permitted by Lessee results in contamination of the Leased Premises, or if contamination of
<br /> the ceased Premises by Hazardous 00,eria; otherwise occurs for which Lessee is legally liable, then
<br /> Lessee shall indemnify; defend and hold Lessor harmless from any and all claims, Judgments, damages,
<br /> penalties, fines, costs, liabilities or losses (inctueing. without limitation, diminution in value of the
<br /> Leased Premises, damages for the loss or restriction on use of the Leased Premises, damages arising
<br /> from any- adverse ,^,pact on future leasing of the Leased Pre,rnises, and sums paid in settlement of
<br /> claims, attorney fees, consultant fees and expert fees) which arise during or after the lease term as a
<br /> result of such contamination. This lridejimficatio,,i of lessor by Lessee includes, without limitation,
<br /> costs incurred in connection with any investigation of site conditions or any cleanup, remedial,
<br /> removal, or restoration work required by any federal,, state, or local governmental agency or political
<br /> subdivision because of Hazarcous rIiatenat present in the soil or ground water on or under the Leased
<br /> 1068 i Revised 9/2015
<br /> Aa?e 7 of 12
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