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award(s) equal to royalty shall be paid to Lessor in lieu of royalty lost by virtue of the
<br />condemnation. Improvements shall be removed by Lessee per terms of the Right of
<br />Removal paragraph herein. If only a portion of the leased land is taken by condemnation,
<br />Lessee and Lessor, by mutual agreement, may terminate this Lease or terminate only the
<br />portion of the Lease so taken.
<br />25. COMPLIANCE WITH LAW. Lessee shall comply fully with all the provisions, terms,
<br />conditions of all laws, whether state or federal, and orders issued thereunder, which may
<br />be in effect during continuance hereof, which in any manner affect or control mining or
<br />other operations of Lessee, and Lessee further agrees that industry standard mining
<br />methods shall be used at all times of active mining so long as said methods are consistent
<br />within the law.
<br />Lessee shall comply with all applicable federal, state and local environmental, wetlands
<br />protection, health and hazardous waste laws, ordinances and regulations. In addition to the
<br />foregoing, and not in limitation thereof, Lessee shall not cause or permit any Hazardous
<br />Material to be brought upon, kept or used in or about the Leased Premises by Lessee or
<br />Lessee's agents, employees, contractors or invitees, without the prior written consent of
<br />Lessor. If Lessee breaches the obligations stated in the preceding sentence, or if the
<br />presence of Hazardous a- erial on the Leased Premises caused or permitted y Lessee
<br />results in contamination of the Leased Premises, or if contamination of the Leased Premises
<br />by Hazardous Material otherwise occurs for which Lessee is legally liable, then Lessee
<br />shall indemnify, defend and hold Lessor harmless from any and all claims, judgments,
<br />damages, penalties, fines, costs, liabilities or losses (including, without limitation,
<br />diminution in value of the Leased Premises, damages for the loss or restriction on use of
<br />the Leased Premises, damages for the loss or restriction on use of the Leased Premises,
<br />damages arising from any adverse impact on future leasing of the Leased Premises, and
<br />sums paid in settlement of claims, attorney fees, consultant fees and expert fees) which
<br />arise during or after the lease term as a result of such contamination. This indemnification
<br />of Lessor by Lessee includes, without limitation, costs incurred in connection with any
<br />investigation of site conditions or any cleanup, remedial, removal, or restoration work
<br />required by any federal, state, or local government agency or political subdivision because
<br />of Hazardous Material present in the soil or ground water on or under the Leased Premises.
<br />Without limiting the foregoing, if the presence of any Hazardous Material on the Leased
<br />Premises caused or permitted by Lessee results in any contamination of the Leased
<br />Premises, Lessee shall promptly take all actions at Lessee's sole expense as are necessary
<br />to return the Leased Remises to the condition existing prior to the introduction of any such
<br />Hazardous Material to the Leased Premises; provided that Lessor's approval of such
<br />actions shall first be obtained. As used herein, the term "Hazardous Material" means any
<br />hazardous or toxic substance, material or waste which is or becomes regulated by any local
<br />governmental authority, the State of Colorado or the United States Government. The term
<br />"Hazardous Material" includes. without limitation, any material or substance that is (1)
<br />defined or designated as "hazardous substance iehazardous waste" or a "regulated
<br />substance" under appropriate staic or federal law.
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