2020-03-30_REVISION - P2013002 - Laserfiche WebLink

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L/\L,V I IV1, ,V1 1 approval of such actions shall first be obtained. "Hazardous Material" is defined as any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of Colorado or the United States Government. The term Hazardous Material includes, without limitation, any material or substance that is defined or designated as a "hazardous substance", "hazardous waste" or a "regulated substance" under appropriate state or federal law. 27. LIENS AND CLAIMS -- Lessee shall not suffer or permit to be enforced against the Leased Premises, any part thereof, or any improvements thereon any liens arising from, or any claim for damage arising in any way from Lessee's operation. Lessee shall pay or cause to be paid all of such liens, claims, or demands before any action is brought to enforce the same against the Leased Premises or improvements. Lessee agrees to defend, indemnify and hold Lessor and the Leased Premises free and harmless from all liability for any and all liens, claims, demands, and actions together with reasonable attorney fees and all reasonable costs and expenses in connection therewith. Lessee shall be liable for all taxes, assessments, and other charges assessed on the Leased Premises or any property related thereto. Lessee shall, upon execution of this Lease at its cost, prepare a Notice, pursuant to C.R.S.§ 38-22-105 (1973), and cause the same to be posted for the purpose of protecting Lessor against any liens or encumbrances upon the Leased Premises by reason of work, labor, services or materials contracted for or supplied to Lessee. 28. BOND -- No operations are to be commenced on the lands herein described unless and until Lessee has filed a good and sufficient bond with Lessor in an amount fixed by Lessor, to secure the payment for damages caused by Lessee's or Lessee's agent's operations on such lands. Lessor may require such bond to be held in full force and effect for an extended time period after cessation of operations for which the bond was intended with approval of Lessor. This requirement may be satisfied by the financial warranty requirements of the DRMS. 29. WATER RIGHTS -- To the fullest extent permitted by law, Lessor reserves all water, water rights, ditch rights, water stock and/or ditch stock appurtenant to or used in connection with the Leased Premises including, without limitation, tributary and non-tributary water rights, and any rights in pending applications for permits or adjudications in water rights, wells, rights in ditch water in canal organizations or companies. All such uses shall be and remain the property of the Lessor. The Lessee may not explore, drill, or establish any water use right or well without written permission of the Lessor. All applications and documents pertaining to any such water right must be made in the name of the Lessor, and the Lessor reserves the right to make or convert any related applications or documents in or to its own name; provided, however, that Lessor shall not be named on any substitute water supply plans approved in Lessee's name pursuant to C.R.S. § 37-92-308. Additional payment may be required for the use of any waters as may be defined as tributary, non-tributary or not non-tributary. 30. SURRENDER AND RELINOUISHMENT -- Lessee may, at any time, by paying to Lessor all amounts then due as provided herein, surrender and cancel this Lease as to all or any portion of the Leased Premises and be relieved from further obligations or liability hereunder with respect to the lands so surrendered except for reclamation requirements and environmental conditions caused or created by Lessee or its agents prior to such surrender or relinquishment; provided that no partial surrender or cancellation shall be for less than tracts of approximately forty (40) acres or governmental tot corresponding to a quarter-quarter section, and the rental will be reduced proportionately. Page 12 of 18