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<br /> leased land is taken by condemnation, Lessor may,at its option,terminate this lease or terminate only that portion of
<br /> the lease so taken.
<br /> 31. 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 hereof, which
<br /> in any manner affect or control mining or other operations of Lessee, and Lessee further agrees that good mining
<br /> methods shall be used at all times of active mining so long as said methods are consistent within the law.
<br /> Lessee shall comply with all applicable federal, state and local environmental, wetlands protection, health and
<br /> hazardous waste laws,ordinances and regulations. In addition to the foregoing,and not in limitation thereof,Lessee
<br /> shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Leased Premises
<br /> by Lessee or Lessee's agents, employees, contractors or invitees, without the prior written consent of Lessor. If
<br /> Lessee breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the
<br /> Leased Premises caused or permitted by Lessee results in contamination of the Leased Premises,or if contamination
<br /> of the Leased Premises by Hazardous Material otherwise occurs for which Lessee is legally liable,then Lessee shall
<br /> indemnify, defend and hold Lessor harmless from any and all claims,judgments, damages, penalties, fines, costs,
<br /> liabilities or losses(including, without limitation, diminution in value of the Leased Premises, damages for the loss
<br /> or restriction on use of the Leased Premises, damages arising from any adverse impact on future leasing of the
<br /> Leased Premises, and sums paid in settlement of claims, attorney fees, consultant fees and expert fees)which arise
<br /> during or after the lease term as a result of such contamination. This indemnification of Lessor by Lessee includes,
<br /> without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial,
<br /> removal, or restoration work required by any federal, state, or local governmental agency or political subdivision
<br /> because of Hazardous Material present in the soil or ground water on or under the Leased Premises. Without
<br /> limiting the foregoing, if the presence of any Hazardous Material on the Leased Premises caused or permitted by
<br /> Lessee results in any contamination of the Leased Premises, Lessee shall promptly take all actions at Lessee's sole
<br /> expense as are necessary to return the Leased Premises to the condition existing prior to the introduction of any such
<br /> Hazardous 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 which is
<br /> or becomes regulated by any local governmental authority, the State of Colorado or the United States Government.
<br /> The term "Hazardous Material" includes, without limitation, any material or substance that is (i) defined or
<br /> designated as a "hazardous substance", "hazardous waste" or a "regulated substance" under appropriate state or
<br /> federal law.
<br /> 32. ARCHAEOLOGY -- It is contrary to State law to excavate, appropriate or disturb any historical, prehistoric or
<br /> archaeological site or resource on any lands administered by Lessor. Discovery of a suspected site or resource shall
<br /> be immediately brought to the attention of Lessor and the State Archaeologist or Lessee shall provide evidence that
<br /> no significant archaeological sites exist on the Leased Premises which could be destroyed by Lessee's operations.
<br /> 33. DEFAULT AND FORFEITURE -- If for any reason Lessee fails to keep each and every one of the covenants and
<br /> conditions herein, and if such default continues for a period of thirty(30)days after service of written notice thereof
<br /> by certified mail upon Lessee, Lessor shall have the right to declare this lease forfeited,and to enter onto the Leased
<br /> Premises either with or without process of law, and to expel, remove and put out Lessee or any person occupying
<br /> the premises,using such force as may be necessary to do so.
<br /> In the event of the termination of the lease by reason of breach of the covenants herein contained, Lessee
<br /> shall surrender and peaceably deliver to Lessor the above-described premises, and such premises shall be in good
<br /> mining condition. If, upon termination of this lease for any reason, whether by surrender, forfeiture or expiration of
<br /> term or otherwise, Lessee shall not have fully complied with the terms of the lease, Lessor shall hold and retain
<br /> possession of the property, improvements, and equipment of Lessee as security unto Lessor for the payment of rents
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