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Lessee shall comply with all applicable federal, state and local environmental, wetlands protection,
<br /> health and hazardous waste laws, ordinances and regulations. In addition to the foregoing, and not in
<br /> Limitation thereof, Lessee shall not cause or permit any Hazardous Material to be brought upon, kept or
<br /> used in or about the Leased Premises by Lessee or Lessee's agents, employees, contractors or invitees,
<br /> without the prior written consent of Lessor. If Lessee breaches the obligations stated in the preceding
<br /> sentence, or if the presence of Hazardous Material on the Leased Premises caused or permitted by
<br /> Lessee results in contamination of the Leased Premises, or if contamination of the Leased Premises by
<br /> Hazardous Material otherwise occurs for which Lessee is legally liable, then Lessee shall indemnify,
<br /> defend and hold Lessor harmless from any and all claims, judgments, damages, penalties, fines, costs,
<br /> Liabilities or losses (including, without limitation, diminution in value of the Leased Premises, damages
<br /> for the loss or restriction on use of the Leased Premises, damages arising from any adverse impact on
<br /> future leasing of the Leased Premises, and sums paid in settlement of claims, attorney fees, consultant
<br /> fees and expert fees) which arise during or after the lease term as a result of such contamination. This
<br /> indemnification of Lessor by Lessee includes, without limitation, costs incurred in connection with any
<br /> investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any
<br /> federal, state, or local governmental agency or political subdivision because of Hazardous Material
<br /> present in the soil or ground water on or under the Leased Premises. Without limiting the foregoing, if
<br /> the presence of any Hazardous Material on the Leased Premises caused or permitted by Lessee results
<br /> in any contamination of the Leased Premises, Lessee shall 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 of
<br /> 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 term "Hazardous
<br /> Material" includes, without limitation, any material or substance that is (i) defined or designated as a
<br /> "hazardous substance", "hazardous waste" or a "regulated substance' under appropriate state or federal
<br /> law.
<br /> 33. ARCHAEOLOGY -- It is contrary to State law 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 /> 34. DEFAULT AND REMEDIES-
<br /> a) Defaults. The occurrences of any one or more of the following events shall constitute a default
<br /> hereunder by the Lessee:
<br /> 1. Failure by the Lessee to make any payment of rental or other payment of additional rental or
<br /> charge required to be made by the Lessee hereunder, as and when due.
<br /> 2. Use of the Leased Premises by the Lessee, its successors and assigns or attempted use of the
<br /> Leased Premises for any other purpose than those permitted by this Lease without the prior
<br /> written consent of the Lessor.
<br /> 3. Failure by the Lessee to perform any of the covenants, conditions or requirements contained
<br /> herein. Provided further that if the nature of the Lessee's default is such that more than 30 days
<br /> are reasonably required to cure such default then the Lessee shall not be deemed to be in default
<br /> GL 112574 Revised DOL 11/2018
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