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ti,e "oregc;i,,o. iz the present= of any Hazardous Mlateriat on the Leased
<br /> Premises caused or permitted by Lessee results in any contamination of the Leased Premises, Lessee
<br /> shalt promptly ta'ke at[ actions at Lessee's sole expense as are necessary to return the Leased Premises
<br /> to the co-tciidon existing prior to the ,r,rcci,iction of any such Hazardous Material to the Leased
<br /> Premises; provided that Lessor's approval of such actions shall first be obtained. As used herein, the
<br /> term "Hazardous Vater,al' means any hazardous or toxic substance, material or waste which is or
<br /> becomes regulated oy any local governmental authority, the State of Colorado or the United States
<br /> Government. The term "Hazardous tAateriat" includes, without limitation, any material or substance
<br /> that is (i) defined or designated as a "hazardous substance", "hazardous 'waste" or a "regulated
<br /> substance' under appropriate state or federal taw.
<br /> 32. ARCHAEOLOGY -- I' is co-itrary to State taw to excavate, appropriate or disturb any historical,
<br /> prehistoric Or archaeotogical site or resource on any lands administered by Lessor. Discovery of a
<br /> suspected site o- resource shalt be irnrn diateiy bought to the attention of Lessor and the State
<br /> Archaeotogist or Lessee shalt Drovicia %'✓idence that no significant archaeologica[ Sites exist on the
<br /> Leased Premises v./hich could be de5tro'ye-d by Lessees Operations.
<br /> 33. DEFAULT AND FORFEITURE -- if for any reason Lessee fails to keep each and every one of the
<br /> covenants and condit;o-is herein, and if such defaL,lt continues for a period of thirty (30) days after
<br /> service of ':vritteo notice thereof by certified Mai, upon Lessee, Lessor shall have the right to declare
<br /> this tease forfeited, and to enter onto the Leased Premises either with or without process of law, and
<br /> to expel, remove and put out Lessec or any person occupyin 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 peaceabty 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 /> .v'hetner by surrender, forfeiture 0" etpiratlon of termor" otherwise, Lessee Shrill not have fully
<br /> coaip[ied 'with the terms of the tease, Lessor shall hots and retain possession of the property,
<br /> im_rovemerits, a.;d equipment of Lessee as security into Lessor for the payment of rents and royalties
<br /> isle Lessor. Jr to protect Lessor a;lainst :lens, o; to i,luemn'fy Lessor against any toss or damage
<br /> sustained L',� Lessor oy reason of the def,,,.itt of Lessee, for which purpose Lessor is hereby given alien
<br /> Upon all SUCK Progeny, i,np,oVernents, ;anL3 equipmert, ,,/h'lch lien shalt attach as the same are placed
<br /> upon the premise:.. Ir: t.,-ie &vent Lessor shut', forecto=e tie lien in this article given, to Lessor by Lessee,
<br /> Lessor may itself 4c a purchaser at any sale thereof under" such foreclosure. Upon the termination of
<br /> this lease for any ca,jse, if Lessee shalt re;-main it possession of said premises, Lessee shalt be guilty of
<br /> an unta'✓Vful detainer under the statutes in sack case made and provided, and shalt be subject to all the
<br /> conditions and proJisions thereof avid to eaic`_io,, aridl rep-,}oval, forcibly or otherwise, with or without
<br /> process of la-r, as abnvti provided.
<br /> 34. TAXES "- Lessee spat' be tiabte for at; taxes lav✓futiy assessed o.i property of Lessee located on the
<br /> Leased Premises.
<br /> 35. INSURANCE --The lessee shalt maintain a [;ability i'isurance policy with the Board as co-insured in
<br /> the amount of not leis than one million dollars (S1,000,010,00), This amount may be adjusted by the
<br /> Board to comply ,,JIth the Colorado Governmental Immunity Act, C.R.S. 24-10-114.
<br /> 36. MISCELLANEOUS PROVISIONS -
<br /> A. Waiver. The waiver of any beach of any provision of this Lease by any party hereto shalt 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 tease.
<br /> GL 110681 Revised 9/2015
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