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<br /> Improvements shall be removed by Lessee per terns in the RIGHT OF REMOVAL paragraph herein. if only a
<br /> portion of the leased land is taken by condemnation.Lessor may, at its option. terminate this lease or terminate
<br /> only that portion of the lease so taken
<br /> 32 COMPLIANCE'WITH LAW --Lessee shall comply fully with all the provisions,terms,conditions of all laws,
<br /> whether state or federal, and orders issued thereunder,which may be in effect during the continuance hereof,
<br /> which in any manner affect or control mining or other operations of Lessee,and Lessee further agrees that good
<br /> mining methods shall be used at all times of active mining so long as said methods are consistent within the law.
<br /> Lessee shall comply with all applicable federal,state and local environmental,wetlands protection,health and
<br /> hazardous waste laws, ordinances and regulations. in addition to the foregoing, and not in limitation thereof,
<br /> Lessee shall not cause or permit any Hazardous Material to be brought upon,kept or used in or about the Leased
<br /> Premises by Lessee or Lessee's agents,employees,contractors or im itees. without the prior written consent of
<br /> Lessor. If lessee breaches the obligations stated in the preceding sentence, or if the presence of Hazardous
<br /> Material on the Leased Premises caused or permitted by Lessee results in contamination of the leased Premises,
<br /> or if contamination of the Leased Premises by Hazardous Material otherwise occurs for which Lessee is legally
<br /> liable, then Lessee shall indemnify, defend and hold Lessor harmless from any and all claims, judgments.
<br /> damages, penalties, fines, costs, liabilities or losses (including, without limitation,diminution in value of the
<br /> Leased Premises,damages for the loss or restriction on use of the Leased Premises,damages arising from any
<br /> adverse impact on future leasing of the Leased Premises, and sums paid in settlement of clauns, attorney fees,
<br /> consultant fees and 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 federal.
<br /> state, or local governmental agency or political subdivision because of Hazardous Material present in the soil or
<br /> ground water on or under the Leased Premises. Without limning the foregoing,if the presence of any Hazardous
<br /> Material on the Leased Premises caused or permitted by Lessee results in any contamination of the Leased
<br /> Premises, Lessee shall promptly take all actions at Lessee's sole expense as are necessary to return the leased
<br /> Premises to the condition existing prior to the introduction 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 tern
<br /> "Hazardous Material"means any hazardous or toxic substance,material or waste which is or becomes regulated
<br /> by any local governmental authority, the State of Colorado or the United States Government. The term
<br /> "Hazardous 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 law.
<br /> 33 ARCHAEOLOGY - It is contrary to State law to excavate,appropriate or disturb any historical,prehistoric or
<br /> archaeological site or resource on any lands administered by lessor. Discovery of a suspected site or resource
<br /> shall be inunediately brought to the attention of Lessor and the State Archaeologist or Lessee shall provide
<br /> evidence that no significant archaeological sites exist on the leased premises which could be destroyed by Lessee's
<br /> operations.
<br /> 34. DEFAULT AND FORFEITURE -- If for any reason Lessee fails to keep each and every one of the covenants
<br /> and conditions herein,and if such default continues for a period of thirty(30)days after service of written notice
<br /> thereof by certified mail upon Lessee,lessor shall have the right to declare this lease forfeited,and to enter onto 1
<br /> the leased premises either with or without process of taw,and to expel,remove and put out Lessee or any person
<br /> occupying die premises,using such force as may be necessary to do so.
<br /> in the event of the termination of the lease by reason of breach of the covenants herein contained.Lessee
<br /> shall surrender and peaceably deliver to Lessor the above-described premises,and such premises shall be in good
<br /> mining condition If,upon termination of this lease for any reason,whether by surrender,forfeiture or expiration
<br /> of term or otherwise,Lessee shall not have fully complied with the terms of the lease,Lessor shall hold and retain
<br /> possession of the property, improvements,and equipment of Lessee as security unto lessor for the payment of
<br /> rents and royalties due Lessor, or to protect Lessor against liens, or to indemnify Lessor against any loss or
<br /> damage 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 upon the
<br /> premises. In the event Lessor shall foreclose the lien in this article given to Lessor by Lessee. Lessor niay itself
<br /> be a purchaser at any Sale thereof under such foreclosure. Upon the termination of this lease for any cause, if
<br /> Lessee shall remain in possession of said premises, Lessee shall be guilty of an unlawful detainer under the
<br /> statutes in such case made and provided,and shall be subject to all the conditions and provisions thereof and to
<br /> eviction and removal,forcibly or otherwise,with or without process of law,as above provided.
<br /> Lessee shall be liable for all taxes lawfully assessed on property of Lessee located on the leased premises.
<br /> The benefits,terms,and obligations of this lease shall extend to and be binding upon the heirs,executors.
<br /> administrators,successors,or assigns of the respective parties hereto.
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