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19. OTHER STATE AGENCIES -- Lessor may determine that instruments and documents required by other
<br /> State agencies satisfy certain requirements of this lease. In the event that Lessee is required to file
<br /> instruments and documents with other State agencies, including the Division of Reclamation,Mining,and
<br /> Safety, Lessee shall notify Lessor of said filing and Lessor reserves the right to request and obtain copies
<br /> of such instruments and documents from the agency or from Lessee.
<br /> 21. NOTICES -- Any notice, demand, request, designation, consent, approval or other document or
<br /> instrument required under the provisions of this Lease shall be in writing, shall be deemed to have been
<br /> duly served on the day of receipt or rejection and shall be sent by registered or certified United States
<br /> mail, postage prepaid, return receipt requested, or by a nationally recognized overnight courier service
<br /> that provides written evidence of delivery, as addressed to the Parties hereto. The Parties may change
<br /> the place for serving such papers on it, or provide for the delivery of not more than 2 additional copies,
<br /> by giving the other party at least 30 days prior written notice to such effect. Notices shall be sent to:
<br /> Lessee: State Land Board:
<br /> Fremont Paving ft Redi-Mix, Inc. Colorado State Board of Land Commissioners
<br /> P.O. Box 841 Minerals Director
<br /> Canon City, CO 81215 1127 Sherman Street Suite 300
<br /> Denver Colorado 80203
<br /> 22. NOTIFICATION OF MINING OPERATIONS--It is understood that Lessor may not own or control the surface
<br /> estate of Leased Premises, or Lessor may have issued a surface use tease to another lessee. Lessee shall
<br /> be responsible for identifying such ownership or determining the surface lessee or lessees, and shall
<br /> notify all such parties in advance of any on-site activity. Notification will be given at least thirty (30)
<br /> days in advance for untitled or grazing acreage and at least sixty (60) days in advance for tilled farm
<br /> ground prior to any on site activity. Lessee shall closely coordinate any on-site activity with the surface
<br /> owner or lessee, and make a reasonable effort to protect the integrity of surface owner's or surface
<br /> lessees fences, gates, cattleguards, and other property.
<br /> 23. PROTECTION AGAINST SURFACE DAMAGE-- Lessee has the right to utilize as much of the surface of the
<br /> lands as is reasonably necessary for mining operations; however, Lessee shall be liable and agrees to pay
<br /> for all damages to the surface, livestock, growing crops, water wells, reservoirs, or other improvements
<br /> caused by Lessees operations on said lands. If requested in writing by Lessor, Lessee will erect fencing
<br /> around mining operations. There shall be no removal of timber without prior notice to Lessor. Any
<br /> merchantable timber cut in conjunction with the approved mining plan is to remain the property of the
<br /> State. All other timber, slash, stumps, and boughs are to be disposed of by Lessee. There shall be no
<br /> importing of material, including fill material, soil, rock, debris and trash, from outside the Leased
<br /> Premises without written approval from the lessor.
<br /> 25. LIENS AND CLAIMS -- Lessee shall not suffer or permit to be enforced against the Leased Premises, or
<br /> any part thereof, or any improvements thereon, any liens arising from, or any claim for damage growing
<br /> out of the work of any construction, repair, restoration, replacement or improvement, or any other
<br /> claims or demand howsoever the same may arise, but Lessee shalt pay or cause to be paid all of said
<br /> liens, claims, or demands before any action is brought to enforce the same against the Leased Premises
<br /> or improvements. Lessee agrees to defend, indemnify and hold Lessor and the Leased Premises free and
<br /> harmless from all liability for any and all such liens, claims, demands, and actions together with
<br /> reasonable attorney fees and all costs and expenses in connection therewith.
<br /> Lessee shall, upon execution of this lease, at its cost, prepare a Notice, pursuant to C.R.S. 1973,
<br /> § 38-22-105 and cause the same to be posted for the purpose of protecting Lessor against any liens or
<br /> encumbrances upon the Leased Premises by reason of work, labor, services or materials contracted for
<br /> or supplied to Lessee.
<br /> GL 112927 Revised DOL 11/2018
<br /> Page 6 of 14
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