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of not more than ladditional copies, by giving the other party at least ]O days prior written notice
<br /> to such effect. Notices shalt be sent to:
<br /> Lessee: State Land Board:
<br /> Southway Construction Company, Inc. Colorado State Board of Land Commissioners
<br /> Attn.: Rock Southway Minerals Director
<br /> 117 White Pine Drive 11l7 Sherman Street Suite ]O0
<br /> A|annosa. [O811O1 | Denver Colorado OO2O3
<br /> 21 NOTIFICATION OF MINING OPERATIONS--It is understood that Lessor may not own or control the
<br /> surface estate of Leased Premises, or Lessor may have issued a surface use tease to another lessee.
<br /> Lessee shalt be responsible for identifying such ownership or determining the surface lessee or
<br /> ieaees, and shall notify all such parties in advance of any on-site activity. Notification wit[ be given
<br /> at (east thirty (]O) days in advance for untitled or grazing acreage and at least sixty (60) days in
<br /> advance for tilled farm ground prior to any on site activity. Lessee shalt closely coordinate any on-
<br /> site activity with the surface owner urlessee, and make reasonable effort to protect the integrity
<br /> of surface owner's or surface lessee's fences, gates, catdeguards, and other property.
<br /> 22, PROTECTION AGAINST SURFACE DAMAGE -' Lessee has the right to utilize as much of the surface of
<br /> the lands as is reasonably necessary for mining operations; however, Lessee shall be liable and
<br /> agrees to pay for all damages to the surface. Livestock, growing crops' water vveiis' reservoirs, or
<br /> other improvements caused by Lessee's operations on said Lands. If requested in writing by Lessor,
<br /> Lessee will erect fencing around mining operations.
<br /> There shall be no removal of timber without prior notice to Lessor. Any merchantable timber cut in
<br /> conjunction with the approved mining plan is to remain the property n[ the State. All other timber,
<br /> slash' stumps, and boughs are to be disposed of by Lessee.
<br /> There shalt be no importing of material, including fill materiai, soil, rock, debris and hash' from
<br /> outside the Leased Premises.
<br /> Z]. - Lessee shalt not suffer or permit to be enforced against the Leased Premises,
<br /> or any part thereof' or any improvements the,eon, any liens arising from, or any claim for damage
<br /> growing out of the work of any construction, repair, restoration, replacement or improvement' or
<br /> any other claims ordemand howsoever the same may arise, but Lessee shalt pay nrcause tobepaid
<br /> all ofsaid hens, claims, or demands before any action is brought to enforce the same against the
<br /> Leased Premises or improvements. Lessee agrees to defend' indemnify and hold Lessor and the
<br /> Leased Premises free and harmless from all, liability for any and all such Liens, claims, demunds, and
<br /> actions together with reasonable attorney fees and all costs and expenses in connection therewith.
<br /> Lessee shall, upon execution of this lease, at its cost, prepare aNmtice' pursuant to C.R.S.
<br /> 1973, § 38'II'105 and cause the same to be posted for the purpose of protecting Lessor against any
<br /> liens or encumbrances upon the Leased Premises by reason of work, labor, services or materials
<br /> contracted for orsupplied to Lessee.
<br /> 24. Q{ NQ} ' Lessee shalt execute a bond (or other sureties as may be approved by Lessor) at the time
<br /> this Lease is executed by the Parties in an amount fixed by Lessor. The bond shalt guarantee
<br /> performance of this Lease by Lessee, which includes, but is not limited to, security for payment for
<br /> damages caused by Lessee's or Lessee's agent's operations onsaid Lands, The bond shalt consist of
<br /> cash, Letter ofcredit, or other sureties as may be approved by the Lessor. However, if the bond is
<br /> other than cash, the bond must be inaform that wit[ guarantee payment incash tu the Lessor upon
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