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2020-03-30_REVISION - P2013002
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2020-03-30_REVISION - P2013002
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Last modified
6/15/2021 11:32:33 AM
Creation date
3/30/2020 2:02:29 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
P2013002
IBM Index Class Name
REVISION
Doc Date
3/30/2020
Doc Name
Request For Modification
From
Zephyr Gold USA Ltd
To
DRMS
Type & Sequence
MD5
Email Name
TC1
MAC
AWA
Media Type
D
Archive
No
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L/SVVV•,VI\ <br /> This right of Lessee to surrender this Lease shall cease and become absolutely inoperative immediately <br /> upon the institution of any suit in any court of law to enforce this Lease or any of its terms, expressed <br /> or implied. In no case shall surrender be effective until Lessee has made full provision for conservation <br /> of the Minerals and protection of the surface rights of the Leased Premises as may be determined by <br /> Lessor. <br /> Further, no surrender of this Lease shall be effective unless and until all reports, documents and <br /> information required under this Lease, are submitted to the Lessor or other applicable governmental <br /> agencies. <br /> 31. RIGHT OF REMOVAL -- If this Lease is terminated by surrender, or expiration of its term, and all <br /> obligations of Lessee under this Lease are satisfied, Lessee's improvements, equipment, man-made <br /> objects of any type shall be removed from the Leased Premises within six (6) months from the date of <br /> such termination at Lessee's expense. Such removal is to be accomplished without unnecessary waste <br /> or damage to the Leased Premises and Lessee shall restore the surface of the Leased Premises to the <br /> condition in which the Leased Premises existed immediately prior to the execution of this Lease. All <br /> improvements and equipment remaining on the Leased Premises six (6) months after the termination of <br /> this Lease shall, at the option of Lessor, be forfeited to and become property of Lessor without <br /> compensation to Lessee and without necessity of execution of additional documents. <br /> 32. CONDEMNATION -- If all of the Leased Premises is taken in any condemnation proceeding, this Lease <br /> shall automatically terminate as of the date of taking. The award for such condemnation shall be paid <br /> to Lessor, except for any specific award(s) paid to Lessee for severed Mineral reserves, in which event a <br /> percent of such specific award(s) equal to royalty shall be paid to Lessor in lieu of royalty lost by virtue <br /> of the condemnation. Improvements shall be removed by Lessee pursuant to the preceding paragraph. <br /> If only a portion of the Leased Premises is taken by condemnation, Lessor may, at its option, terminate <br /> only that portion of this Lease so taken. <br /> 33. COMPLIANCE WITH LAWS -- The Lessee shall comply with all applicable federal, state and local <br /> ordinances, regulations and laws regarding the Leased Premises and activities conducted thereon or <br /> by virtue thereof. Furthermore, the Lessee shall not use or permit the Leased Premises to be used in <br /> violation of any such rule, regulation or law or for any purpose tending to damage or harm the <br /> Leased Premises or improvements thereon, or the image or attractiveness thereof, or for any <br /> improper, offensive or immoral use or purpose, or in any manner which shall constitute waste, <br /> nuisance or public annoyance. Lessee further agrees that good mining methods shall be used at all <br /> times of active mining so long as such methods are consistent within the law. <br /> 34. ARCHAEOLOGY -- Under no circumstances may Lessee or any person injure, destroy, disturb, mar, <br /> appropriate, collect, remove, alter or excavate, any historical, prehistoric or archaeological site or <br /> resource on any lands administered by Lessor. Discovery or indication of a suspected site or resource <br /> shall be immediately brought to the attention of Lessor and the State Archaeologist or Lessee shall <br /> provide evidence that no significant archaeological sites exist on the Leased Premises which could be <br /> destroyed by Lessee's operations. Lessee shall comply with the requirements of C.R.S. §§ 24-80-401 <br /> through 411, as may be amended from time to time. <br /> 35. DEFAULT AND REMEDIES - <br /> a) Defaults. The occurrences of any one or more of the following events shall constitute a default <br /> Page 13 of 18 <br />
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