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compliance with the terms of the Lease as of the date it is postmarked. Notice to Lessor shall be given
<br /> in like manner, addressed to the State Board of Land Commissioners' Denver, Colorado address.
<br /> 22. 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 /> tilled 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 -This paragraph is deleted.
<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
<br /> arising out of, in connection with, or relating to the Lessee's Operations on the Leased Premises
<br /> including, but not limited to, environmental issues, erosion, sedimentation, surface and sub-surface
<br /> damage, claims for injury to or death of any persons, or damage, loss or destruction of any property,
<br /> real or personal, under any theory of tort, contract, strict liability, or statutory liability ("Claims"),
<br /> except to the extent such Claims arise from the Board Indemnitees' gross negligence or willful
<br /> misconduct. The Lessee further covenants and agrees to defend any suits brought against the Lessor
<br /> on any Claims, and to pay any judgment against the Lessor resulting from any suit or suits, together
<br /> with all costs and expenses relating to any claims, including reasonable attorney's and expert fees,
<br /> arising from the Lessee's Operations on the Leased Premises, or other land owned by the Lessor,
<br /> except to the extent such Claims arise from the Lessor's gross negligence or willful misconduct. The
<br /> Lessor, if it so elects, shall have the right to participate in its defense in any suit or suits in which it
<br /> may be a party, inclusive of using separate counsel without relieving the Lessee of the obligation to
<br /> defend the Lessor. The Lessor shall have the right to employ separate counsel in any action, suit or
<br /> proceeding if, in accord with applicable codes or rules of attorney conduct, there would be an
<br /> unwaivable or unwaived conflict of interest between the Lessee and the Lessor so that they cannot
<br /> be represented by the same counsel and, under such circumstances, the fees and expenses of such
<br /> separate counsel shall be paid solely by 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 any actions by Lessee upon the Leased Premises. Should such claims occur, Lessee shall
<br /> pay or cause to be paid all of said liens, claims, or demands before any action is brought to enforce the
<br /> same against the Leased Premises or improvements. Lessee agrees to defend, indemnify and hold
<br /> Lessor and the Leased Premises free and harmless from all liability for any and all such liens, claims,
<br /> demands, and actions together with reasonable attorney fees and all costs and expenses in connection
<br /> therewith.
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