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EQUAL OPPORTUNITY - Lessee must: pay when due all <br />taxes legally assessed and levied under the laws of the State <br />or the United States; accord all employees complete <br />freedom of purchase; pay all wages at least twice each <br />month in lawful money of the United States; maintain a safe <br />working environment in accordance with standard industry <br />practices; restrict the workday to not more than 8 hours in <br />any one day for underground workers, except in <br />emergencies; and take measures necessary to protect the <br />health and safety of the public. No person under the age of <br />16 years should be employed in any mine below the surface. <br />To the extent that laws of the State in which the lands are <br />situated are more restrictive than the provisions in this <br />paragraph, then the State laws apply. <br />Lessee will comply with all provisions of Executive Order <br />No. 11246 of September 24, 1965, as amended, and the <br />rules, regulations, and relevant orders of the Secretary of <br />Labor. Neither lessee nor lessee's subcontractors should <br />maintain segregated facilities. <br />Sec. 9. (a) TRANSFERS - <br />X 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 on <br />behalf of, and for the use of, the public body or to a person <br />who for the limited purpose of creating a security interest in <br />favor of a lender agrees to be obligated to mine the coal on <br />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 <br />must be 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 <br />all future obligations under the lease or the relinquished <br />portion 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 <br />deliver up to lessor the land leased, underground timbering, <br />and such other supports and structures necessary for the <br />3 <br />preservation of the mine workings on the leased promises or <br />deposits and place all workings in condition for suspension or <br />abandonment. Within 180 days thereof, lessee must remove <br />from the premises all other structures, machinery, equipment, <br />tools, and materials that it elects to or as required by the <br />BLM. Any such structures, machinery, equipment, tools, and <br />materials remaining on the leased lands beyond 180 days, or <br />approved extension thereof, will become the property of the <br />lessor, but lessee may either remove any or all such property <br />or continue to be liable for the cost of removal and disposal in <br />the amount actually incurred by the lessor. If the surface is <br />owned by third parties, lessor will waive the requirement for <br />removal, provided the third parties do not object to such <br />waiver. Lessee must, prior to the termination of bond <br />liability or at any other time when required and in accordance <br />with all applicable laws and regulations, reclaim all lands the <br />surface of which has been disturbed, dispose of all debris or <br />solid waste, repair the offsite and onsite damage caused by <br />lessee's activity or activities incidental thereto, and reclaim <br />access roads or trails. <br />Sec. 11. PROCEEDINGS IN CASE OF DEFAULT - If <br />lessee fails to comply with applicable laws, existing <br />regulations, or the terms, conditions and stipulations of this <br />lease, and the noncompliance continues for 30.days after <br />written notice thereof, this lease will be subject to <br />cancellation by the lessor only by judicial proceedings. This <br />provision will not be construed to prevent the exercise by <br />lessor of any other legal and equitable remedy, including <br />waiver of the default. Any such remedy or waiver will not <br />prevent later cancellation for the same default occurring at <br />any other time. <br />Sec. 12. HEIRS AND SUCCESSORS -IN -INTEREST - Each <br />obligation of this lease will extend to and be binding upon, <br />and 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 <br />arising out of the lessee's activities and operations under this <br />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 />SEE ATTACHMENT A. <br />