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d. The Co pany hereby agrees to apply for zoning classifications, <br /> varianc s or exceptions, and governmental approvals,permits, licenses <br /> or right related to and required for the Company's operations <br /> hereun er, at the Company's cost. The Lessor agrees to cooperate <br /> with th Company in obtaining such approvals and to execute or join <br /> in applications, plats and other documents which are required to obtain <br /> the same that are reasonably required in connection with the operations <br /> that are contemplated under this Lease; provided, however,the <br /> Compwiy shall provide bonds or other financial assurance for its <br /> operati ns, including for the restoration,reclamation or rehabilitation <br /> of the P operty, as may be required or advisable to obtain such permits <br /> and approvals. <br /> e. Lessor hall have the right to continue use of the surface of the <br /> Prope during the Term of this Lease. The reserved surface use <br /> includes, but may not be limited to, residential, water hauling <br /> operations; equipment storage, cow-calf livestock operations, and hay <br /> stack yard. Any lease or other agreement for such use shall be made <br /> express y subject to the Company's right hereunder, and the Company <br /> shall ha a no obligation to pay Lessor or any surface use for impairing <br /> such us in connection with the Company's operations hereunder. <br /> 1 <br /> 5. Obligations of ompany under the Terms of this Agreement. <br /> a. The Co pany shall be responsible to provide the appropriate <br /> reclama ion bonding. <br /> b. The Co pany shall be responsible to provide seed and planting of <br /> grass as ociated with reclamation of the mining site. <br /> C. The Co pany shall provide all labor,materials, and equipment to <br /> properl mine the property set forth herein. <br /> d. The Co any shall retain onsite existing topsoil for future reclamation <br /> or provi a such. <br /> e. The Co pany shall provide appropriate portable toilets and drinking <br /> water. <br /> f. The Co pany shall comply with all other local and/or State Health <br /> Depart ent regulations for operation of a mining permit. <br /> g. The Co pany shall be obligated to mine the area in a safe and <br /> approp ate manner according to all local, state or Federal regulations, <br /> includi but not limited to providing safety berms, waste water <br /> treatme t, fueling containment and control waste water generated on <br /> the mi ' g site. <br /> h. The Co pany shall be responsible to reapply overburden and to <br /> properl slope and grade the used mining sites as provided in the <br /> applicat on for mining permit as the mining progresses. <br /> 4 <br /> Lessor Initials � <br /> Lessee Initials <br />