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i <br /> 26. BOND -- Lessee shall meet all requirements of DRMS for bonding to ensure restoration of <br /> surface disturbance caused by Lessee's operations on the Leased Premises. The Lessor's <br /> requirement for a bond may be satisfied by meeting the financial warranty requirements <br /> of DRMS. <br /> 27. WATER-- If Lessee initiates or establishes any water rights for which the point of surface <br /> diversion or ground water withdrawal is on the Leased Premises, title to such water <br /> rights shall, upon termination of this Lease, become the property of the surface owner <br /> without cost, and title to the water rights shall be conveyed to the surface owner <br /> immediately upon termination, except that if Lessor is the surface owner the water right <br /> shall be taken in the name of Lessor in the first instance and shall be the property of <br /> Lessor without cost. <br /> 28. SURRENDER AND RELIN UISHMENT -- Lessee may, at any time, by paying to Lessor all <br /> amounts then due as provided herein, surrender and cancel this Lease insofar as the <br /> same covers all or any portion of the Leased Premises and upon written approval and <br /> acceptance by the Lessor of full performance by Lessee for such surrendered Leased <br /> Premises be relieved from further obligations or liability hereunder with respect to the <br /> surrendered Leased Premises; provided that no partial surrender or cancellation of this <br /> Lease shall be for less than tracts of approximately forty (40) acres or governmental lot <br /> corresponding to a quarter-quarter section, the rental being reduced proportionately. <br /> The Lessee shall not be released from further obligations or liabilities for such <br /> surrendered Leased Premises pursuant to this Paragraph 28 for breaches of this Lease by <br /> Lessee which were unknown by Lessor at the time of the surrender by Lessee. <br /> This surrender clause and option herein reserved to Lessee shall cease and <br /> become absolutely inoperative immediately and concurrently with the institution of any <br /> suit in any court of law by Lessee, Lessor or any assignee of either to enforce this Lease, <br /> or any of its terms, express or implied, but in no case shall surrender be effective until <br /> Lessee shall have made full provision for conservation of the minerals and protection of <br /> the surface rights of the Leased Premises as may be determined by Lessor. <br /> Notwithstanding the foregoing, no surrender and relinquishment of this Lease. <br /> shall be effective unless and until all reports, documents and information of any kind <br /> required to be submitted to Lessor under this Lease, or to such state agencies as <br /> provided in this Lease have been submitted to Lessor or such state agency. <br /> 29, RIGHT OF REMOVAL-- In the event this Lease is terminated pursuant to Paragraph 28, or <br /> the expiration of its term, and all obligations of Lessee under this Lease are satisfied, all <br /> Lessee's improvements, equipment, man-made objects of any type, including stockpiles <br /> and dumps except as these stock piles and dumps maybe disposed of pursuant to the <br /> reclamation plan, shall be removed from the Leased Premises within six months from the <br /> date of such termination at Lessee's expense. Such removal is to be accomplished <br /> without unnecessary waste or damage to the premises and Lessee shall restore the <br /> surface of the Leased Premises to the same condition as immediately prior to the <br /> execution of this lease as it pertains to such removal. All improvements and equipment <br /> remaining on the Leased Premises six months after the termination hereof may be <br /> i <br /> Page 8 of 13 <br />