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d. The Company hereby agrees to apply for zoni g classifications, <br /> variances or exceptions, and governmental ap p rovals,permits, licenses <br /> or rights related to and required for the Comp.ny's operations <br /> hereunder, at the Company's cost. The Lesso i agrees to cooperate <br /> with the Company in obtaining such approvals and to execute or join <br /> in applications,plats and other documents wh' h are required to obtain <br /> the same that are reasonably required in conn: tion with the operations <br /> that are contemplated under this Lease;provid-d, however,the <br /> Company shall provide bonds or other financi.;1 assurance for its <br /> operations, including for the restoration,reel. ation or rehabilitation <br /> of the Property, as may be required or advisab e to obtain such permits <br /> and approvals. <br /> e. Lessor shall have the right to continue use oft e surface of the <br /> Property during the Term of this Lease. The r.served surface use <br /> includes, but may not be limited to, residential, water hauling <br /> operations; equipment storage, cow-calf livest•ck operations,and hay <br /> stack yard. Any lease or other agreement for such use shall be made <br /> expressly subject to the Company's right here ender, and the Company <br /> shall have no obligation to pay Lessor or any surface use for impairing <br /> such use in connection with the Company's o aerations hereunder. <br /> 5. Obligations of Company under the Terms of this Agriement. <br /> a. The Company shall be responsible to provide e appropriate <br /> reclamation bonding. <br /> b. The Company shall be responsible to provide eed and planting of <br /> grass associated with reclamation of the minin_ site. <br /> c. The Company shall provide all labor, material., and equipment to <br /> properly mine the property set forth herein. <br /> d. The Company shall retain onsite existing topsoil for future reclamation <br /> or provide such. <br /> e. The Company shall provide appropriate porta'le toilets and drinking <br /> water. <br /> f. The Company shall comply with all other loc.'1 and/or State Health <br /> Department regulations for operation of a min ng permit. <br /> g. The Company shall be obligated to mine the a ea in a safe and <br /> appropriate manner according to all local, stat; or Federal regulations, <br /> including but not limited to providing safety b•rms, waste water <br /> treatment, fueling containment and control wa.te water generated on <br /> the mining site. <br /> h. The Company shall be responsible to reapply verburden and to <br /> properly slope and grade the used mining sites as provided in the <br /> application for mining permit as the mining pre gresses. <br /> 't >� 4 <br /> Lessor Initials 4;,/ -� <br /> Lessee Initials th <br /> I� <br />