|
royalty lost by virtue of the condemnation. Improvements shalt be removed by Lessee per terms in
<br /> the RIGHT OF REMOVAL paragraph herein. If only a portion of the leased land is taken by
<br /> condemnation, Lessor may, at its option, terminate this lease or terminate only that portion of the
<br /> tease so taken.
<br /> 32. COMPLIANCE WITH LAW -- Lessee shall comply fully with at[ the provisions, terms, conditions of all
<br /> laws, whether state or federal, and orders issued thereunder, which may be in effect during the
<br /> continuance hereof, which in any manner affect or control mining or other operations of Lessee, and
<br /> Lessee further agrees that good mining methods shall be used at all times of active mining so long as
<br /> said methods are consistent within the taw.
<br /> Lessee shalt comply with atl applicable federal, state and local environmental, wetlands
<br /> protection, health and hazardous waste laws, ordinances and regulations. In addition to the
<br /> foregoing, and not in limitation thereof, Lessee shalt not cause or permit any Hazardous Material to
<br /> be brought upon, kept or used in or about the Leased Premises by Lessee or Lessee's agents,
<br /> employees, contractors or invitees, without the prior written consent of Lessor. If Lessee breaches
<br /> the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the
<br /> Leased Premises caused or permitted by Lessee results in contamination of the Leased Premises, or
<br /> if contamination of the Leased Premises by Hazardous Material otherwise occurs for which Lessee is
<br /> legally liable, then Lessee shall indemnify, defend and hold Lessor harmless from any and all claims,
<br /> judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation,
<br /> diminution in value of the Leased Premises, damages for the loss or restriction on use of the Leased
<br /> Premises, damages arising from any adverse impact on future teasing of the Leased Premises, and
<br /> sums paid in settlement of claims, attorney fees, consultant fees and expert fees) which arise during
<br /> or after the tease term as a result of such contamination. This indemnification of Lesser by Lessee
<br /> includes, without limitation, costs incurred in connection with any investigation of site conditions or
<br /> any cleanup, remedial, removal, or restoration work required by any federal, state, or local
<br /> governmental agency or political subdivision because of Hazardous Material present in the soil or
<br /> ground water on or under the Leased Premises. Without limiting the foregoing, if the presence of
<br /> any Hazardous Material on the Leased Premises caused or permitted by Lessee results in any
<br /> contamination of the Leased Premises, Lessee shalt promptly take all actions at Lessee's sole
<br /> expense as are necessary to return the Leased Premises to the condition existing prior to the
<br /> introduction of any such Hazardous Material to the Leased Premises; provided that Lessor's approval
<br /> of such actions shall first be obtained. As used herein, the term "Hazardous Material" means any
<br /> hazardous or toxic substance, material or waste which is or becomes regulated by any local
<br /> governmental authority, the State of Colorado or the United States Government. The terra
<br /> "Hazardous Material" includes, without limitation, any material or substance that is (i) defined or
<br /> designated as a "hazardous substance' "hazardous waste" or a "regulated substance" under
<br /> appropriate state or federal law.
<br /> :3. ARCHAEOLOGY -- It is contrary to State taw to excavate, appropriate or disturb any historical,
<br /> prehistoric or archaeological site or resource on any lands administered by Lessor. Discovery of a
<br /> suspected site or resource shall be immediately brought to the attention of Lessor and the State
<br /> Archaeologist or Lessee shall provide evidence that no significant archaeological sites exist on the
<br /> Leased Premises which could be destroyed by Lessee's operations.
<br /> GL 112649 Revised DOL 11/2018
<br /> Page 10 of 17
<br />
|