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coverage available to Lessor, its agents and employees and shall include a clause waiving all rights of <br /> recovery, under subrogation or otherwise against Lessor, its agents and employees. Failure to buy and <br /> maintain the required insurance is a default of this Lease. Before starting work under this Lease, Lessee <br /> shall, at Lessor's request, furnish a certificate of liability insurance, referencing the lease number and <br /> reflecting the above requirements. Lessor may alter any requirements of this section to meet the <br /> requirements of the Colorado Governmental Immunity Act or any requirements determined by the <br /> Colorado Office of Risk Management. <br /> 30. WATER- Lessor reserves title to all water rights associated or appurtenant to the Leased Premises. In <br /> addition, no water, ditch, reservoir, well, spring, seepage or other right, permit, or use of any kind <br /> ("water right")may be initiated,established,appropriated or adjudicated(for use on or off the Leased <br /> Premises) by Lessee without the prior written approval of Lessor. All applications and documents <br /> pertaining to any such water right must be made in the name of Lessor, and Lessor reserves the right <br /> to make or convert any related applications or documents in or to its own name. Any such water right, <br /> approved or unapproved is the sole and absolute Property of Lessor without cost to Lessor. <br /> 31. SURRENDER AND RELINQUISHMENT -- Lessee may, at any time, by paying to Lessor all amounts then <br /> due as provided herein, surrender and cancel this lease insofar as the same covers all or any portion of <br /> the lands herein leased and be relieved from further obligations or liability hereunder with respect to <br /> the lands so surrendered; provided that no partial surrender or cancellation of this lease shall be for less <br /> than tracts of approximately forty (40) acres or governmental lot corresponding to a quarter-quarter <br /> section, the rental being reduced proportionately. <br /> This surrender clause and option herein reserved to Lessee shalt cease and become absolutely <br /> inoperative immediately and concurrently with the institution of any suit in any court of law by Lessee, <br /> Lessor or any assignee of either to enforce this lease, or any of its terms, express or implied, but in no <br /> case shall surrender be effective until Lessee shall have made full provision for conservation of the <br /> minerals and protection of the surface rights of the Leased Premises as may be determined by Lessor. <br /> Notwithstanding the foregoing, no surrender and relinquishment of this lease shall be effective <br /> unless and until all reports, documents and information of any kind required to be submitted to Lessor <br /> under this lease, or to such state agencies as provided in this lease have been submitted to Lessor or <br /> such state agency. <br /> 32. RIGHT OF REMOVAL-- In the event this lease is terminated by surrender, or the expiration of its term, <br /> and all obligations of Lessee under this lease are satisfied, all Lessee's improvements, equipment, <br /> man-made objects of any type, including stockpiles and dumps except as these stock piles and dumps <br /> may be disposed of pursuant to the reclamation plan, shall be removed from the Leased Premises within <br /> six months from the 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 surface of the Leased <br /> Premises to the same condition as immediately prior to the execution of this lease as it pertains to such <br /> removal. All improvements and equipment remaining on the Leased Premises six months after the <br /> termination hereof shall be forfeited automatically to Lessor without compensation and without <br /> necessity of execution of additional documents. <br /> 33. CONDEMNATION -- If the Leased Premises shall be taken in any condemnation proceeding, this lease <br /> shall automatically terminate as of the date of taking. The award for such condemnation shall be paid <br /> to Lessor, except for any specific award(s) paid to Lessee for severed minerals reserves, in which event <br /> a percent of such specific award(s)equal to royalty shall be paid to Lessor in lieu of royalty lost by virtue <br /> of the condemnation. Improvements shall be removed by Lessee per terms in the RIGHT OF REMOVAL <br /> paragraph herein. If only a portion of the leased land is taken by condemnation, Lessor may, at its <br /> option, terminate this lease or terminate only that portion of the lease so taken. <br /> GL 112927 Revised DOL 11/2018 <br /> Page 8 of 14 <br />