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Docusign Envelope ID:2AEFE7F6-AB44-417F-969E-AA4F283CF777 <br /> on the map in Exhibit A. It is the Lessee's responsibility to understand the specific <br /> boundaries of this area. The Board will provide the Lessee the survey meets and bounds of <br /> the the CRP area upon request. <br /> (c) Cultural Resources: It will be a condition of mining that the Lessee perform a Class III <br /> Cultural Resources Survey for all areas slated for disturbance under a DRMS Mining and <br /> Reclamation Permit. The Board recommends commissioning such a survey as soon as is <br /> reasonably practical. This condition is not required for exploration work. <br /> 20. UNMANNED AIRCRAFT SYSTEMS - The Board maintains the right to access, inspect, and monitor <br /> the Leased Land at all reasonable times, utilizing all reasonable means and methods, including <br /> but not limited to gate counters, game cameras and Unmanned Aerial Systems (UAS). The use <br /> of UAS will be in accordance with applicable Federal Aviation Administration (FAA) rules and <br /> regulations. The Lessee will cooperate and not interfere with all reasonable means and <br /> methods of access, inspection, and monitoring including taking actions necessary to comply with <br /> FAA rules and regulations. <br /> 21. LIENS AND CLAIMS - Lessee shall not suffer or Lease to be enforced against the Leased Land, or <br /> any part thereof, or any improvements thereon, any liens arising from, or any claim for damage <br /> growing out of the work of any construction, repair, restoration, replacement or improvement, <br /> or any other claims or demand howsoever the same may arise, but Lessee shall pay or cause to <br /> be paid all of said liens, claims, or demands before any action is brought to enforce the same <br /> against the Leased Land or improvements. Lessee agrees to defend, indemnify and hold the <br /> Board and the Leased Land free and harmless from all liability for any and all such liens, claims, <br /> demands, and actions together with reasonable attorney fees and all costs and expenses in <br /> connection therewith, as they arise from or relate to any liens or claims described in this <br /> Paragraph. Notwithstanding the foregoing, if Lessee contests the validity of any such lien, then <br /> the Lessee shall at its sole expense defend itself and the Board against the same and shall pay <br /> and satisfy any adverse expense or cost or adverse judgment that may be rendered thereon <br /> before the enforcement thereof against the Board or the Leased Land, upon the condition that <br /> if the Board shall require, Lessee shall furnish a surety bond satisfactory in form and amount to <br /> the Board. Said bond shall not be less than one hundred twenty percent (120%) of such <br /> contested lien indemnifying the Board against liability for the same, and holding the Leased <br /> Land free from the effect of such lien. <br /> 22. NO WAIVER - No failure by either party to exercise and no delay in exercising any right, power <br /> or privilege hereunder will operate as a waiver hereof, nor will any single or partial exercise of <br /> any right or privilege hereunder preclude further exercise of the same right or the exercise of <br /> any right hereunder. A waiver on one or more occasions of any of the provisions hereof shall not <br /> be deemed a continuing one. Acceptance of payments by the Board shall not be deemed to <br /> effect (a) a ratification, renewal, extension, or amendment of this Lease, or (b) a waiver of any <br /> rights granted to the Board, the obligations imposed upon Lessee, express or implied, or the <br /> remedies for Lessee's breach, or (c) an estoppel against the Board preventing the Board from <br /> enforcing the Board's rights or Lessee's obligations hereunder, express or implied, or from <br /> seeking damages for Lessee's breach thereof. No instrument executed by the Board shall be <br /> effective to constitute ratification, renewal, extension or amendment of this Lease unless the <br /> instrument is clearly titled to indicate its purpose and intent. <br /> EP 116819 Page 8 of 14 Revised_DOL_20240701 <br />