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such actions shall first be obtained. As used herein, the term "Hazardous Material" means any <br /> hazardous or toxic substance, material or waste which is or becomes regulated by any local <br /> governmental authority, the State of Colorado or the United States Government. The term "Hazardous <br /> Material" includes, without limitation, any material or substance that is (i) defined or designated as a <br /> "hazardous substance", "hazardous waste" or a "regulated substance" under appropriate state or federal <br /> law. <br /> 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 taw, 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 /> Page 11 of 15 <br /> 524702 <br />