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Lessee will comply with all provisions of Executive Order <br />No. 11246 of September 24,1965, as amended, and the rules, <br />regulations, and relevant orders of the Secretary of Labor. <br />Neither lessee nor lessee's subcontractors should maintain <br />segregated facilities. <br />Sec. 9. (a) TRANSFERS — <br />O This lease may be transferred in whole or in part to any <br />person, association or corporation qualified to hold such <br />lease interest. <br />❑ This lease may be transferred in whole or in part to <br />another public body or to a person who will mine coal <br />on behalf of, and for the use of, the public body or to a <br />person who for the limited purpose of creating a security <br />interest in favor of a lender agrees to be obligated to <br />mine the coal on behalf of the public body. <br />❑ This lease may only be transferred in whole or in part to <br />another small business qualified under 13 CFR 121. <br />Transfers of record title, working or royalty interest must be <br />approved in accordance with the regulations. <br />(b) RELINQUISHMENT - The lessee may relinquish in <br />writing at any time all rights under this lease or any portion <br />thereof as provided in the regulations. Upon lessor's <br />acceptance of the relinquishment, lessee will be relieved of all <br />future obligations under the lease or the relinquished portion <br />thereof, whichever is applicable. <br />Sec. 10. DELIVERY OF PREMISES, REMOVAL OF <br />MACHINERY, EQUIPMENT, ETC. - At such time as all <br />portions of this lease are returned to lessor, lessee must deliver <br />up to lessor the land leased, underground timbering, and such <br />other supports and structures necessary for the preservation of <br />the mine workings on the leased premises or deposits and place <br />all workings in condition for suspension or abandonment. <br />Within 180 days thereof, lessee must remove from the <br />premises all other structures, machinery, equipment, tools, and <br />materials that it elects to or as required by the BLM. Any such <br />structures, machinery, equipment, tools, and materials <br />remaining on the leased lands beyond 180 days, or approved <br />extension thereof, will become the property of the lessor, but <br />lessee may either remove any or all such property or continue <br />to be liable for the cost of removal and disposal in the amount <br />actually incurred by the lessor. If the surface is owned by third <br />parties, lessor will waive the requirement for removal, <br />provided the third parties do not object to such waiver. Lessee <br />must, prior to the termination of bond liability or at any other <br />time when required and in accordance with all applicable laws <br />and regulations, reclaim all lands the surface of which has been <br />disturbed, dispose of all debris or solid waste, repair the offsite <br />and onsite damage caused by lessee's activity or activities <br />incidental thereto, and reclaim access roads or trails. <br />Sec. 11. PROCEEDINGS IN CASE OF DF,FAULT - If lessee <br />fails to comply with applicable laws, existing regulations, or <br />the terms, conditions and stipulations of this lease, and the <br />noncompliance continues for 30 days after written notice <br />thereof, this lease will be subject to cancellation by the lessor <br />only by judicial proceedings. This provision will not be <br />construed to prevent the exercise by lessor of any other legal <br />and equitable remedy, including waiver of the default. Any <br />such remedy or waiver will not prevent later cancellation for <br />the same default occurring at any other time. <br />Sec. 12. HEIRS AND SUCCESSORS -IN -INTEREST - Each <br />obligation of this lease will extend to and be binding upon, and <br />every benefit hereof will inure to, the heirs, executors, <br />administrators, successors, or assigns of the respective parties <br />hereto. <br />Sec. 13. INDEMNIFICATION - Lessee must indemnify and <br />hold harmless the United States from any and all claims arising <br />out of the lessee's activities and operations under this lease. <br />Sec. 14. SPECIAL STATUTES - This lease is subject to the <br />Clean Water Act (33 U.S.C. 1252 et seq.), the Clean Air Act <br />(42 U.S.C. 4274 et seq.), and to all other applicable laws <br />pertaining to exploration activities, mining operations and <br />reclamation, including the Surface Mining Control and <br />Reclamation Act of 1977 (30 U.S.C. 1201 et seq.). <br />Sec. 15. SPECIAL STIPULATIONS <br />(a) All stipulations concerning compliance with the <br />requirements of the Surface Mining Control and Reclamation <br />Act will be included in the document approving the mining <br />plan. <br />(b) The lessee shall be required to mitigate for mule deer, elk, <br />antelope, and sharp -tail grouse habitat loss where applicable <br />and the resultant loss or displacement of these species, as key <br />indicator species, due to surface coal mining operations. <br />Concurrently with the filing of its mine plan, the lessee shall <br />submit for approval to the BLM, a habitat recovery and <br />replacement plan for protection or enhancement of mule deer, <br />elk, antelope, and sage grouse populations affected by habitat <br />loss or displacement from historic habitat. <br />The habitat recovery and replacement plan shall be developed <br />in consultation with the BLM and the Colorado Division of <br />Wildlife (CDOW) based on estimates of lost and disturbed <br />habitat as described in the Green River -Hams Fork Coal final <br />Environmental Impact Statement (EIS). If the mine plan <br />submitted by the lessee indicates figures different from those <br />used in the EIS as to quality and quantity of habitat lost or <br />