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Docusign Envelope ID:2AEFE7F6-AB44-417F-969E-AA4F283CF777
<br /> 23. COMPLIANCE WITH LAWS AND BOARD POLICIES, DIRECTIVES, AND SCHEDULES - Lessee agrees to
<br /> obtain all necessary permitting shall comply with all applicable federal, state, and local laws,
<br /> ordinances, and regulations, including but not limited to criminal, land use, fencing, noxious
<br /> weed, environmental, wetlands protection, hazardous waste, health and safety, and drilling and
<br /> subsurface exploration. Furthermore, the Lessee shall not use or Lease the Leased Land to be
<br /> used in violation of any such rule, regulation, or law or for any purpose tending to damage or
<br /> harm the Leased Land, facilities, or improvements thereon or adjacent thereto, or the image or
<br /> attractiveness thereof, or for any improper, offensive, or immoral use or purpose, or in any
<br /> manner which shall constitute waste, nuisance, or public annoyance.
<br /> Lessee must comply with all of the Board's applicable policies, directives and schedules. Such
<br /> policies, directives and schedules are available online through the Board's official website and
<br /> also available at any of the Board's offices. Lessee shall stay fully informed of all applicable
<br /> policies, directives and schedules and the lack of actual notice or knowledge of applicable
<br /> policies, directives and schedules will not provide a defense for any failure to comply with this
<br /> Lease. Lessee acknowledges that the Board meets publicly on a monthly basis and at such public
<br /> meetings may amend or change existing policies, directives and schedules and/or adopt new
<br /> policies, directives and schedules. Any amendments to existing policies, directives and
<br /> schedules and any new policies, directives and schedules, will be effective immediately upon
<br /> adoption by the Board.
<br /> 24. HAZARDOUS MATERIALS - If any Hazardous Material used on or at the Leased Land for Lessee's
<br /> operations and activities by Lessee or Lessee's agents, employees, subcontractors, assignees, or
<br /> successors, results in damage, destruction or contamination of the Leased Land, Lessee shall
<br /> indemnify, defend and hold the Board harmless from any and all claims, judgments, damages,
<br /> penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of
<br /> the Leased Land, damages for the loss or restriction on use of the Leased Land, damages arising
<br /> from any adverse impact on future leasing of the Leased Land, and sums paid in settlement of
<br /> claims, attorney fees, consultant fees and expert fees) which arise during or after the Lease
<br /> Term as a result of such contamination. This indemnification of the Board by Lessee includes,
<br /> without limitation, costs incurred in connection with any investigation of site conditions or any
<br /> cleanup, remedial, removal, or restoration work required by any federal, state, or local
<br /> governmental agency or political subdivision because of Hazardous Material present in the soil
<br /> or ground water on or under the Leased Land. If the presence of any Hazardous Material on the
<br /> Leased Land caused or permitted by Lessee results in any contamination of the Leased Land,
<br /> Lessee shall promptly take all actions at Lessee's sole expense as are necessary to return the
<br /> Leased Land to the condition existing prior to the introduction of any Hazardous Material to the
<br /> Leased Land; provided that the Board's approval of such actions shall first be obtained. The
<br /> term "Hazardous Material" means any hazardous or toxic substance, material or waste, which is
<br /> now regulated or which may become regulated during the Lease Term by any local
<br /> governmental authority, the State of Colorado, including the Commission, or the United States
<br /> Government. This provision shall survive termination, surrender, or relinquishment of this Lease
<br /> and any cause of action by the Board to enforce it shall not be deemed to accrue until the
<br /> Board's actual discovery of said liability, claim, loss, damage, or exposure.
<br /> 25. WAIVER OF COVENANTS REGARDING CONDITION OF LAND - Lessee accepts the Leased Land in its
<br /> "as is" condition with all faults, including the environmental condition of the land. The Board
<br /> makes no representations or warranties, and Lessee affirms that the Board has made no
<br /> representations or warranties of any kind whatsoever with regard to the condition of the Leased
<br /> Land or its fitness or suitability for any particular use. Lessee acknowledges that it is solely
<br /> EP 116819 Page 9 of 14 Revised_DOL_20240701
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