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documents with other State agencies, including the Division of Reclamation, Mining,and Safety, Lessee shall notify
<br /> Lessor of said filing and Lessor reserves the right to request and obtain copies of such instruments and documents
<br /> from the agency or from Lessee.
<br /> 20. INSPECTION--It is agreed that during all proper hours and at all times during the continuance of this lease,Lessor
<br /> or Lessor's duly authorized agent, is authorized to check assays and scales as to their accuracy, to go through or on
<br /> any part or all of the Leased Premises to examine, inspect, survey and take measurements of the same and to take
<br /> samples of any kind and to examine and make extracts from or copies of all books and weight sheets and records
<br /> which show in any way the ore output, ore values, payments and royalties from and of the Leased Premises. All
<br /> conveniences necessary for such inspection, survey, or examination shall be furnished to Lessor. Lessor may
<br /> require Lessee to provide all,instruments and documents of any kind and nature whatever which affect Lessor's
<br /> interests.
<br /> 21. NOTICES -- Any notice required to be given to Lessee under the provisions of this Lease shall be sent.by certified
<br /> mail to the address set forth at the beginning of this lease or to such other address as Lessee may indicate in writing
<br /> to Lessor, and such service by mail shall be deemed sufficient and in full compliance with the terms of this lease as
<br /> of the date it is postmarked. Notice to Lessor shall be given in like manner, addressed to the State Board of Land
<br /> Commissioners'Denver,Colorado address.
<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 lease to another lessee. Lessee shall be
<br /> responsible for identifying such ownership or determining the surface lessee or lessees, and shall notify all such
<br /> parties in advance of any on-site activity.Notification will be given at least thirty(30)days in advance for untilled or
<br /> grazing acreage and at least sixty (60) days in advance for tilled farm ground prior to any on site activity. Lessee
<br /> shall closely coordinate any on-site activity with the surface owner or lessee,and make a reasonable effort to protect
<br /> the integrity of surface owner's or surface lessee's 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 for all
<br /> damages to the surface, livestock, growing crops, water wells, reservoirs,or other improvements caused by Lessee's
<br /> operations on said lands. There shall be no removal of timber without prior notice to Lessor. Any merchantable
<br /> timber cut in conjunction with the approved mining plan is to remain the property of the State. All other timber,
<br /> slash,stumps,and boughs are to be disposed of by Lessee.
<br /> 24. HOLD HARMLESS -- Lessee shall indemnify Lessor against all liability and loss, and against all claims and
<br /> actions, including the defense•of such claims or actions, based upon or arising out of damage or injury, including
<br /> death, to persons or property caused by or sustained in connection with this lease or by conditions created thereby,
<br /> or based upon any violation of any statute,ordinance,or regulation.
<br /> 25. LIENS AND CLAIMS -- Lessee shall not suffer or permit to be enforced against the Leased Premises, or any part
<br /> thereof, or any improvements thereon, any liens arising from, or any claim for damage growing out of the work of
<br /> any construction, repair, restoration, replacement or improvement, or any other claims or demand howsoever the
<br /> same may arise, but Lessee shall pay or cause to be paid all of said liens, claims, or demands before any action is
<br /> brought to enforce the same against the Leased Premises or improvements. Lessee agrees to defend, indemnify and
<br /> hold Lessor and the Leased Premises free and harmless from all liability for any and all such liens,claims,demands,
<br /> and actions together with reasonable attorney fees and all costs and expenses in connection therewith.
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