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.
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