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Section 13.6 Restoration of Property._With respect to each cell identified on the Mining Plan, <br /> Lessee shall restore the Property to the condition required by law and by the applicable permits and <br /> approvals required for Lessee to conduct operations hereunder (including the Permits) on or before the <br /> date which is two (2) years after the earlier to occur of(a) the Substantial Completion of such cell or <br /> portion of the Mining Plan or(b)the expiration or earlier termination of this Lease. The term"Substantial <br /> Completion"_shall mean, with respect to each cell or portion of the Mining Plan, excavation of such cell <br /> or cells as provided for in the Mining Plan. Following the expiration or termination of this Lease for any <br /> reason, Lessor covenants that Lessor will not extract or allow others to extract Materials until Lessor or <br /> others effect the termination of the Permits or transfer of the Permits to their names for reclamation or <br /> rehabilitation of the Property and the release of any security or bond provided by Lessee to secure its <br /> performance or discharge its responsibilities and Lessee hereby agrees to cooperate with such termination <br /> or transfer of the Permit. Unless Lessor desires to continue operations to extract Materials (either by <br /> Lessor or through an operator, representative, or other lessee), Lessee shall have the right to access and <br /> enter the Property and to effect on the Property such restoration, rehabilitation and reclamation as may be <br /> required to discharge the responsibilities which Lessee has assumed pursuant to the Permits and otherwise <br /> under this Lease and to procure the release of any bond or other financial assurance provided by Lessee; <br /> provided, that, Lessee shall deliver written notice upon completion of such reclamation obligations and <br /> shall remain liable for its obligations hereunder(including its indemnification obligations to Lessor) until <br /> completion of its reclamation obligations, and; provided further, that, Lessee shall not have such <br /> continued access from and after such time as Lessor elects, in its sole discretion, to assume Lessee's <br /> obligations as successor operator under the Permits and procures the release of any and all outstanding <br /> bonds posted by Lessee under the Permits. <br /> ARTICLE XIV <br /> ARBITRATION <br /> Sect-ion 14.1 Arbitration. Any claim or dispute arising out of or relating to the matters in this <br /> Lease which reference this Paragraph, if not resolved by negotiation between the parties hereto, shall be <br /> settled by binding arbitration in accordance with the rules of the American Arbitration Association as <br /> administered by the Judicial Arbiter Group ("JAG"). The claim or dispute shall promptly be submitted to <br /> arbitration by a single arbiter through JAG, any successor of JAG, or any similar arbitration provider who <br /> can provide a former judge to conduct such arbitration if JAG is no longer in existence, or an arbiter <br /> appointed by a court or competent jurisdiction. The arbiter shall be selected by JAG or the relevant court <br /> on the basis, if possible, of his or her expertise in the subject matter(s) of the dispute. The arbitration shall <br /> take place in Weld County, Colorado. The arbitrator shall be bound by the laws of the State of Colorado <br /> applicable to the issues involved in the arbitration and all Colorado rules relating to the admissibility of <br /> evidence, including, without limitation, all relevant privileges and the attorney work product doctrine. All <br /> such discovery shall be completed in accordance with the time limitations prescribed in the Colorado <br /> Rules of Civil Procedure, unless otherwise agreed by the parties or ordered by the arbitrator on the basis <br /> of strict necessity adequately demonstrated by the party requesting an extension or reduction of time. The <br /> arbitrator shall issue a written opinion setting forth her or his decision and the reasons therefore within <br /> thirty (30) days after the arbitration proceeding is concluded. In no event shall any arbitration award <br /> provide a remedy beyond those permitted under this Agreement, and any award providing a remedy <br /> beyond those permitted under this Agreement shall not be confirmed, no presumption of validity shall <br /> attach, and such award shall be vacated. Each party shall bear its own costs relating to such arbitration <br /> and all related proceedings, and discovery shall take place pursuant to a protective order entered by the <br /> arbitrator that adequately protects the confidential nature of the parties' proprietary and confidential <br /> information. The decision of the arbiter shall be final, nonappealable and binding upon the parties, and it <br /> may be entered in any court of competent jurisdiction. The obligation of the parties to submit any dispute <br /> arising under or related to this Lease to arbitration as provided in this Paragraph shall survive the <br /> expiration or earlier termination of this Lease. <br /> 9 <br />