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d. The Company hereby agrees to apply for zoning classifications, <br /> variances or exceptions, and governmental approvals, permits, licenses <br /> or rights related to and required for the Company's operations <br /> hereunder, at the Company's cost. The Lessor agrees to cooperate <br /> with the 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 /> Company shall provide bonds or other financial assurance for its <br /> operations, including for the restoration. reclamation or rehabilitation <br /> of the Property, as may be required or advisable to obtain such permits <br /> and approvals. <br /> e. Lessor shall have the right to continue use of the surface of the <br /> Property 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. Anv lease or other agreement for such use shall be made <br /> expressly subject to the Company's right hereunder. 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 operations hereunder. <br /> 5. Obligations of Company under the Tenns of this Agreement. <br /> a. The Company shall be responsible to provide the appropriate <br /> reclamation bonding. <br /> b. The Company shall be responsible to provide seed and planting of <br /> grass associated with reclamation of the mining site. <br /> C. The Company shall provide all labor. materials. 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 /> C. The Company shall provide appropriate portable toilets and drinking <br /> water. <br /> f. The Company shall comply with all other local and.or State Health <br /> Department regulations for operation of a mining permit. <br /> U. The Company shall be obligated to mine the area in a safe and <br /> appropriate manner according to all local. state or Federal regulations. <br /> including but not limited to providing safety- berms. waste water <br /> treatment. fueling containment and control waste water generated on <br /> the mining site. <br /> h. The Company- shall be responsible to reapply- overburden and to <br /> properly slope and grade the used mining sites as provided in the <br /> application for mining permit as the mining progresses. <br /> Lessor Initials <br /> Lessee Initials <br />