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• <br /> under the Lease beyond the stated cure periods provided in the Lease. Lessor reserves the right to <br /> grant relief from the foregoing bond requirements. This requirement may be waived in favor of the <br /> requirements of Division of Reclamation, Mining and Safety. <br /> 27. WATER -- All water, water rights, ditch rights, water stock and/or ditch stock appurtenant to or used <br /> in connection with the Premises including, without limitation, tributary and non-tributary water <br /> rights, and any rights in pending applications for permits or adjudications in water rights, wells, <br /> rights in ditch water in canal organizations or companies. All such uses shall be and remain the <br /> property of the Lessor. The Lessee may not explore, drill, or establish any water use right or well <br /> without written permission of the Lessor. If the Lessee establishes or adjudicates any water right or <br /> use on the Premises, it shall be in the name of the Lessor. Additional payment may be required for <br /> the use of any waters as may be defined as tributary, non-tributary or not non-tributary. <br /> 28. SURRENDER AND RELINQUISHMENT -- Lessee may, at any time, by paying to Lessor all amounts then <br /> due as provided herein, surrender and cancel this lease insofar as the same covers all or any portion of <br /> the lands herein leased and be relieved from further obligations or liability hereunder with respect to <br /> the lands so surrendered; provided that no partial surrender or cancellation of tnis lease shall be for <br /> less than tracts of approximately forty (40) acres or governmental lot corresponding to a <br /> quarter-quarter section, the rental being reduced proportionately. <br /> This surrender clause and option herein reserved to Lessee shall cease and become absolutely <br /> inoperative immediately and concurrently with the institution of any suit in any court of law by Lessee, <br /> Lessor or any assignee of either to enforce this tease, or any of its terms, express or implied, but in no <br /> case shall surrender be effective until Lessee shall have made full provision for conservation of the <br /> minerals and protection of the surface rights of the Leased Premises as may be determined by Lessor. <br /> Notwithstanding the foregoing, no surrender and relinquishment of this lease shall be effective <br /> unless and until all reports, documents and information of any kind required to be submitted to Lessor <br /> under this lease, or to such state agencies as provided in this lease have been submitted to Lessor or <br /> such state agency. <br /> 29. RIGHT OF REMOVAL -- In the event this tease is terminated by surrender, or the expiration of its term, <br /> and all obligations of Lessee under this lease are satisfied, all Lessee's improvements, equipment, <br /> man-made objects of any type, including stockpiles and dumps except as these stock piles and dumps <br /> may be disposed of pursuant to the reclamation plan, shall be removed from the Leased Premises <br /> within six months from the date of such termination at Lessee's expense. Such removal is to be <br /> accomplished without unnecessary waste or damage to the premises and Lessee shall restore the <br /> surface of the Leased Premises to the same condition as immediately prior to the execution of this <br /> lease as it pertains to such removal. All improvements and equipment remaining on the Leased <br /> Premises six months after the termination hereof shall be forfeited automatically to Lessor without <br /> compensation and without necessity of execution of additional documents. <br /> 30. CONDEMNATION -- If the Leased Premises shall be taken in any condemnation proceeding, this lease <br /> shall automatically terminate as of the date of taking. The award for such condemnation shall be paid <br /> to Lessor, except for any specific award(s) paid to Lessee for severed minerals reserves, in which event <br /> a percent of such specific award(s) equal to royalty shall be paid to Lessor in lieu of royalty lost by <br /> virtue of the condemnation. Improvements shall be removed by Lessee per terms in the RIGHT OF <br /> REMOVAL paragraph herein. If only a portion of the leased land is taken by condemnation, Lessor may, <br /> at its option, terminate this lease or terminate only that portion of the lease so taken. <br /> SM 102453 <br /> Page 9 of 15 <br />