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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
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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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1_/\1..,V 11V1, VVI 1 <br /> f) Binding Effect. This Lease and the rights and obligations created hereby shalt be binding upon and <br /> shall inure to the benefit of the Parties hereto and their respective successors and assigns. <br /> g) Modification or Amendment. <br /> 1) By the Parties. Except as specifically provided in this Lease, modifications of this Lease shall not <br /> be effective unless agreed to in writing by the Parties in an amendment to this Lease. <br /> 2) By Operation of Law. This Lease is subject to such modifications as may be required by changes <br /> in Federal or Colorado State law, or their implementing regulations. Any such required modification <br /> automatically shall be incorporated into and be part of this Lease on the effective date of such <br /> change, as if fully set forth herein. <br /> h) Governing Law and Venue. This Lease and its application shall be construed in accordance with the <br /> laws of the State of Colorado. The Parties agree that the venue for any litigated disputes regarding this <br /> Lease shall be the City and County of Denver. <br /> i) Counterparts. This Lease may be executed in multiple identical original counterparts, all of which <br /> shall constitute one (1) Lease. <br /> j) No Third-Party Beneficiaries. Enforcement of this Lease and all rights and obligations hereunder are <br /> reserved solely to the Parties. Any services or benefits which third parties receive as a result of this <br /> Lease are incidental to this Lease, and do not create any rights for such third parties <br /> k) Non-Business Days. If the date of any action under this Lease falls on Saturday, Sunday or a day <br /> recognized as a holiday by the State of Colorado, then the relevant date shall be extended <br /> automatically until the next day that is not Saturday, Sunday or a holiday. <br /> I) CORA Disclosure. This Lease is subject to public release through the Colorado Open Records Act, <br /> C.R.S. § 24-72-201, et seq., as amended from time to time. <br /> m) Costs of Suit, Attorney's Fees. In the event that the State Land Board shall, without fault on the <br /> State Land Board's part, be made party to any litigation instituted by the Lessee or by any third party <br /> against the Lessee, or by or against any person holding under or using the Leased Premises by license of <br /> the Lessee, or for the foreclosure of any lien for tabor or material furnished to or for the Lessee or any <br /> such other person or otherwise arising out of or resulting from any action or transaction of the Lessee or <br /> of any such other person, the Lessee hereby indemnifies and holds the State Land Board harmless from <br /> and against any judgment rendered against the State Land Board or the improvements or any part <br /> thereof, and all reasonable costs and expenses, including reasonable attorney's fees, incurred by the <br /> State Land Board in or in connection with such litigation. <br /> n) Governmental Immunity. Liability for claims for injuries to persons or property arising from the <br /> negligence of the State of Colorado, its departments, institutions, agencies, boards, officials, and <br /> employees is controlled and limited by the provisions of the Colorado Governmental Immunity Act, <br /> C.R.S. § 24-10-101 et seq., and the risk management statutes, C.R.S. § 24-30-1501 et seq. No term or <br /> condition of this Lease will be construed or interpreted as a waiver, express or implied, of any of the <br /> immunities, rights, benefits, protections, or other provisions, of the Governmental Immunity Act or risk <br /> management statutes as applicable now or hereafter amended. <br /> o) Insolvency. If Lessee becomes insolvent, bankrupt, or has a receiver appointed, Lessor may <br /> terminate this Lease. Insolvency as used in this Lease will mean the inability of the Lessee to meet <br /> obligations as they come due. <br /> Page 17 of 18 <br />
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