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34. COMPLIANCE WITH LAW--Lessee shall comply fully with all the provisions, terms,conditions of all laws,
<br /> whether state or federal, and orders issued thereunder, which may be in effect during the continuance
<br /> hereof, which in any manner affect or control mining or other operations of Lessee, and Lessee further
<br /> agrees that good mining methods shall be used at all times of active mining so long as said methods are
<br /> consistent within the law.
<br /> 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 Lessees 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 Lessee
<br /> results in contamination of the Leased Premises,or if contamination of the Leased Premises by Hazardous
<br /> Material otherwise occurs for which Lessee is legally liable, then Lessee shall indemnify, defend and hold
<br /> Lessor harmless from any and all claims,judgments, damages, penalties, fines, costs, liabilities or losses
<br /> (including, without limitation, diminution in value of the Leased Premises, damages for the loss or
<br /> restriction on use of the Leased Premises,damages arising from any adverse impact on future leasing of
<br /> the Leased Premises, and sums paid in settlement of claims, attorney fees, consultant fees and expert
<br /> fees)which arise during or after the lease term as a result of such contamination. This indemnification
<br /> of Lessor by Lessee includes, without limitation, costs incurred in connection with any investigation of
<br /> site conditions or any cleanup, remedial, removal, or restoration work required by any federal,state, or
<br /> local governmental agency or political subdivision because of Hazardous Material present in the soil or
<br /> ground water on or under the Leased Premises. Without limiting the foregoing, if the presence of any
<br /> Hazardous Material on the Leased Premises caused or permitted by Lessee results in any contamination
<br /> of the Leased Premises, Lessee shall promptly take all actions at Lessee's sole expense as are necessary
<br /> to return the Leased Premises to the condition existing prior to the introduction of any such Hazardous
<br /> Material to the Leased Premises; provided that Lessor's approval of such actions shall first be obtained.
<br /> As used herein, the term"Hazardous Material"means any hazardous or toxic substance, material or waste
<br /> which is or becomes regulated by any local governmental authority, the State of Colorado or the United
<br /> States Government. The term "Hazardous Material" includes, without limitation, any material or
<br /> substance that is(i)defined or designated as a"hazardous substance", "hazardous waste"or a"regulated
<br /> substance under appropriate state or federal law.
<br /> 35. ARCHAEOLOGY--It is contrary to State taw to excavate,appropriate or disturb any historical,prehistoric
<br /> or archaeological site or resource on any lands administered by Lessor. Discovery of a suspected site or
<br /> resource shall be immediately brought to the attention of Lessor and the State Archaeologist or Lessee
<br /> shall provide evidence that no significant archaeological sites exist on the Leased Premises which could
<br /> be destroyed by Lessees operations.
<br /> 36. 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 charge
<br /> 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 Leased
<br /> Premises for any other purpose than those permitted by this Lease without the prior written consent
<br /> of the Lessor.
<br /> 3. Failure by the Lessee to perform any of the covenants,conditions or requirements contained herein.
<br /> Provided further that if the nature of the Lessee's default is such that more than 30 days are
<br /> reasonably required to cure such default then the Lessee shall not be deemed to be in default if the
<br /> GL 112927 Revised DOL 11/2018
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