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surface of the Leased Premises to the same condition as immediately prior to the execution of this
<br /> Lease as it pertains to such removal.
<br /> 30. CONDEMNATION -- If the Leased Premises shall be taken in any condemnation proceeding, this Lease
<br /> shalt automatically terminate as of the date of taking. The award for such condemnation shall be paid
<br /> to Lessor, except for any specific award(s) paid to Lessee for severed minerals reserves, in which event
<br /> a percent of such specific award(s) equal to royalty shall be paid to Lessor in lieu of royalty lost by
<br /> virtue of the condemnation. Improvements shall be removed by Lessee per terms in the RIGHT OF
<br /> REMOVAL paragraph herein. If only a portion of the leased land is taken-by condemnation, Lessor may,
<br /> at its option, terminate this Lease or terminate only that portion of the Lease so taken.
<br /> 31. COMPLIANCE WITH LAW --Lessee shall comply fully with all the provisions, terms, conditions of all
<br /> laws, whether state or federal, and orders issued thereunder, which may be in effect during the
<br /> continuance hereof, which in any manner affect or control mining or other operations of Lessee, and
<br /> Lessee further agrees that good mining methods shall be used at all times of active mining so long as
<br /> said methods are consistent within the law.
<br /> Lessee shall comply with all applicable federal, state and local environmental, wetlands protection,
<br /> health and hazardous waste laws, ordinances and regulations. In addition to the foregoing, and not in
<br /> limitation thereof, Lessee shall not cause or permit any Hazardous Material to be brought upon, kept or
<br /> used in or about the Leased Premises by Lessee or Lessee's agents, employees, contractors or invitees,
<br /> without the prior written consent of Lessor. Notwithstanding the foregoing, Lessee shall have the right,
<br /> without written permission from Lessor, to bring onto the Leased Premises such Hazardous Material as
<br /> is necessary and is in compliance with all applicable federal, state and local laws for the safe and
<br /> effective operation of a mining operation of this type and size. Such Hazardous Material shall only be
<br /> in quantities commercially reasonable for a mining operation of this type and size, and Lessee shall
<br /> store such Hazardous Materials in accordance with the Law. If Lessee breaches the obligations herein,
<br /> or if the presence of Hazardous Material on the Leased Premises caused or permitted by Lessee results
<br /> in contamination of the Leased Premises, or if contamination of the Leased Premises by Hazardous
<br /> Material otherwise occurs for which Lessee is legally liable, then Lessee shall indemnify, defend and
<br /> hold Lessor harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or
<br /> losses (including, without limitation, diminution in value of the Leased Premises, damages for the loss
<br /> or restriction on use of the Leased Premises, damages arising from any adverse impact on future leasing
<br /> of the Leased Premises, and sums paid in settlement of claims, attorney fees, consultant fees and
<br /> expert fees) which arise during or after the lease term as a result of such contamination. This
<br /> indemnification of Lessor by Lessee includes, without limitation, costs incurred in connection with any
<br /> investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any
<br /> federal, state, or local governmental agency or political subdivision because of Hazardous Material
<br /> present in the soil or ground water on or under the Leased Premises. Without limiting the foregoing, if
<br /> the presence of any Hazardous Material on the Leased Premises caused or permitted by Lessee results
<br /> in any contamination of the Leased Premises, Lessee shall promptly take all actions at Lessee's sole
<br /> expense as are necessary to return the Leased Premises to the condition existing prior to the
<br /> introduction of any such Hazardous Material to the Leased Premises; provided that Lessors approval of
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