Laserfiche WebLink
9. PENALTIES - A penalty shall be imposed for, but not limited to, late payments, improper <br /> payments, operational deficiencies of any kind whatsoever, violations of any covenants <br /> of this Lease, or any false statements made to Lessor. Penalties shall be determined by <br /> Lessor unless otherwise provided for by law and may be in the form of, but not limited <br /> to, interest, fees, fines, and/or lease cancellation. A penalty schedule shall be prepared <br /> by Lessor and shall become effective immediately after public notice. Said schedule <br /> may be changed from time to time after such notice. <br /> 10. ASSIGNMENT -- Lessee, only with prior written consent of Lessor, may assign this Lease <br /> as to the leasehold interest of such Lessee in all or part of the lands covered hereby; not <br /> less, however, than tracts of 'approximately forty (40) acres or governmental lots <br /> corresponding to a quarter-quarter section for any partial assignment. Any transfer or <br /> assignment, or attempted transfer or assignment, of any of the rights granted, without <br /> such consent in writing, shalt be absolutely void, and at the option of the Lessor, shall <br /> terminate this Lease. <br /> No assignment of undivided interests or retention or reservation of overriding <br /> royalties will be recognized or approved by Lessor, and the effect, if any, of any such <br /> assignments or reservations will be strictly and only as between the parties thereto and <br /> outside the terms of this Lease. No dispute between parties to any assignment or <br /> reservation shall operate to relieve Lessee from performance of any terms or conditions <br /> hereof or to postpone the time therefore. Lessor will at all times be entitled to took <br /> solely to Lessee or his assignee shown on Lessor's books as being sole owner hereof, and <br /> for the sending of all notices required by this Lease, for the performance of all terms <br /> and conditions hereof. <br /> If an assignment of a part of this Lease is approved, a new lease designated as an <br /> assignment lease witl be issued to the assignee covering the lands assigned for the <br /> balance of the term of the base lease on the mining lease form in use at the time of <br /> assignment and limited as to term as said lease is limited. <br /> 11. ASSIGNMENT CONSIDERATION -- The consideration for approval of assignment by Lessor <br /> shalt be 10% of the value of any consideration tendered to Assignor by Assignee for the <br /> assignment. Divulgence of the value of these considerations shalt be mandatory, in <br /> affidavit form, which form shalt be presented to Lessor along with the other assignment <br /> instruments in order to obtain Lessor's approval for the assignment. An assignment <br /> approved by the Lessor does not constitute a new lease but is a continuation of this <br /> Lease. Any attempt to withhold this information shalt be construed as an attempt to <br /> defraud the State of Colorado and shall render this Lease terminated at the discretion of <br /> the Lessor, and all moneys paid to Lessor shalt be forfeited to Lessor. In addition, the <br /> current statutory fees will be paid at the time the assignment record form is submitted. <br /> 12. WEIGHTS AND MEASUREMENTS -- Shall be by one of the following two methods: <br /> Weights -- It is agreed that all ores, minerats and other materials mined and taken from <br /> the Leased Premises shalt be weighed and assayed and the weight and assay thereof <br /> shalt be entered in due form in weight and assay records kept for such purposes by <br /> Lessee. <br /> Page 5 of 13 <br />