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Leased Premises to examine, inspect, survey and take measurements of the same and to {
<br /> take samples of any kind and to examine and make extracts from or copies of all books
<br /> and, weight sheets and records which show in any way the ore output, ore values,
<br /> payments and royalties from and of the Leased Premises. All conveniences necessary for
<br /> such inspection, survey, or examination shall be furnished to Lessor. Lessor may require
<br /> Lessee to provide all instruments and documents of any kind and nature whatever which
<br /> affect Lessor's interests.
<br /> 21. NOTICES -- Any notice required to be given to Lessee under the provisions of this Lease
<br /> shall be sent by certified mail to the address set forth at the beginning of this Lease or
<br /> to such other address as Lessee,may indicate in writing to Lessor, and such service by
<br /> mail shall be deemed sufficient and in full compliance with the terms of this Lease as of
<br /> the date it is postmarked. Notice to Lessor shall be given in like manner, addressed to
<br /> the State Board of Land Commissioners' Denver, Colorado address.
<br /> 22. NOTIFICATION OF MINING OPERATIONS--It is understood that Lessor does not own the
<br /> surface estate of Leased Premises, Lessee shall be responsible for identifying such
<br /> ownership, and shall notify all such parties in advance of any on-site activity. Lessee
<br /> shall closely coordinate any on-site activity with the surface owner, and make a
<br /> reasonable effort to protect the integrity of surface owner's fences, gates, cattleguards,
<br /> and other property.
<br /> 23. PROTECTION AGAINST SURFACE DAMAGE - This section is deleted.
<br /> 24. INDEMNIFICATION - To the extent permitted by applicable law, Lessee shall indemnify
<br /> Lessor against all liability and loss, and against all claims and actions, including the
<br /> defense of such claims or actions, based upon or arising out of damage or injury,
<br /> including death, to persons or property caused by or sustained in connection with this
<br /> Lease or by conditions created thereby, or based upon any violation of any statute,
<br /> ordinance, or regulation.
<br /> 25. LIENS AND CLAIMS -- Lessee shall not suffer or permit to be enforced against the Leased
<br /> Premises, or any part thereof, or any improvements thereon, any liens arising from, or
<br /> any claim for damage growing out of the work of any construction, repair, restoration,
<br /> replacement or improvement, or any other claims or demand howsoever the same may
<br /> arise, but Lessee shall pay or cause to be paid all of said liens, claims, or demands
<br /> before any action is brought to enforce the same against the Leased Premises or
<br /> improvements. Lessee agrees to defend, indemnify and hold Lessor and the Leased
<br /> Premises free and harmless from all liability for any and all such liens, claims, demands,
<br /> and actions together with reasonable attorney fees and all costs and expenses in
<br /> connection therewith.
<br /> Lessee shall, upon execution of this Lease, at its cost, prepare a Notice, pursuant
<br /> to C.R.S. § 38-22-105 and cause the same to be posted for the purpose of protecting
<br /> Lessor against any liens or encumbrances upon the Leased Premises by reason of work,
<br /> labor, services or materials zcontracted for or supplied to Lessee.
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