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209
<br />Sec. 5. LOGICAL MINING UNIT (LMU) - Either upon
<br />approval by the lessor of the lessee's
<br />application or at the direction of the lessor,
<br />this lease shall become an LMU or part of an LMU
<br />subject to the provisions set forth in the
<br />regulations.
<br />The stipulations established in an LMU approval
<br />in effect at the time of LMU approval will
<br />supersede the relevant inconsistent terms of this
<br />lease so long as the lease remains committed to
<br />the LMU. if the LMU of which this lease is a
<br />part is dissolved, the lease shall then be
<br />subject to the lease terms which would have been
<br />applied if the lease had not been included in an
<br />LMU.
<br />Sec. 6. DOCUMENTS, EVIDENCE AND INSPECTION - At
<br />such times and in such form as lessor may
<br />prescribe, lessee shall furnish detailed
<br />statements showing the amounts and quality of all
<br />products removed and sold from the lease, the
<br />proceeds therefrom, and the amount used for
<br />production purposes or unavoidably lost.
<br />Lessee shall keep open at all reasonable times
<br />for the inspection of any duly authorized officer
<br />of lessor, the leased premises and all surface
<br />and underground improvements, works, machinery,
<br />ore stockpiles, equipment and all books,
<br />accounts, maps, and records relative to
<br />operations, surveys, or investigations on or
<br />under the leased lands.
<br />Lessee shall allow lessor access to and copying
<br />of documents reasonably necessary to verify
<br />lessee compliance with terms and conditions of
<br />the lease.
<br />While this lease remains in effect, information
<br />obtained under this section shall be closed to
<br />inspection by the public in accordance with the
<br />Freedom of Information Act (5 U.S.C. 552).
<br />Sec. 7. DAMAGES TO PROPERTY AND CONDUCT OF
<br />OPERATIONS - Lessee shall comply at its own
<br />expense with all reasonable orders of the
<br />Secretary, respecting diligent operations,
<br />prevention of waste, and protection of other
<br />resources.
<br />Lessee shall not conduct exploration operations,
<br />other than casual use, without an approved
<br />exploration plan. All exploration plane prior to
<br />the commencement of mining operations within an
<br />approved mining permit area shall be submitted to
<br />the authorized officer.
<br />Lessee shall carry on all operations in
<br />accordance with approved methods and practices as
<br />provided in the operating regulations, having due
<br />regard for the prevention of injury to life,
<br />health, or property, and prevention of waste,
<br />damage or degradation to any land, air, water,
<br />cultural, biological, visual, and other
<br />resources, including mineral deposits and
<br />formations of mineral deposits not leased
<br />hereunder, and to other land uaee or users.
<br />Lessee shall take measures deemed necessary by
<br />lessor to accomplish the intent of this lease
<br />term. Such measures may include but are not
<br />limited to, modification to proposed siting or
<br />design of facilities, timing of operations, and
<br />specification of interim and final reclamation
<br />procedures. Lessor reserves to itself the right
<br />to lease, sell, or otherwise dispose of the
<br />surface or other mineral deposits in the lands
<br />and the right to continue existing uses and to
<br />authorize future uaee upon or in the leased
<br />lands, including issuing leases for mineral
<br />deposits not covered hereunder and approving
<br />easements of rights-of-way. Lessor shall
<br />condition such uses to prevent unnecessary or
<br />unreasonable interference with rights of lessee
<br />as may be consistent with concepts of multiple
<br />use and multiple mineral development.
<br />Sec. 8. PROTECTION OF DIVERSE INTERESTS, AND
<br />EQUAL OPPORTUNITY - Lessee shall: pay when due
<br />all taxes legally assessed and levied under the
<br />laws of the State or the United States; accord
<br />all employees complete freedom of purchase; pay
<br />all wages at least twice each month in lawful
<br />money of the United States; maintain a safe
<br />working environment in accordance with standard
<br />industry practices; restrict the workday to not
<br />more than a hours in any one day for underground
<br />workers, except in emergencies; and take measures
<br />necessary to protect the health and safety of the
<br />public. No person under the age of 16 years
<br />shall be employed in any mine below the surface.
<br />To the extent that laws of the State in which the
<br />lands are situated are more restrictive than the
<br />provisions in this paragraph, then the State laws
<br />apply.
<br />Lessee will comply with all provisions of
<br />Executive Order No. 11246 of September 24, 1965,
<br />as amended, and the rules, regulations and
<br />relevant orders of the Secretary of Labor.
<br />Neither lessee nor lessee's subcontractors shall
<br />maintain segregated facilities.
<br />Sec. 9. (a) TRANSFERS - This lease may be
<br />transferred in whole or in part to any person,
<br />association or corporation qualified to hold such
<br />lease interest.
<br />Transfers of record title, working or royalty
<br />interest must be approved in accordance with the
<br />regulations.
<br />(b) RELINQUISHMENT - The lessee may relinquish in
<br />writing at any time all rights under this lease
<br />or any portion thereof as provided in the
<br />regulations. Upon lessor's acceptance of the
<br />relinquishment, lessee shall be relieved of all
<br />future obligations under the lease or the
<br />relinquished portion thereof, whichever is
<br />applicable.
<br />Sec. 10. DELIVERY OF PREMISES, REMOVAL OF
<br />MACHINERY, EQUIPMENT, ETC. - At such time as all
<br />portions of this lease are returned to lessor,
<br />lessee shall deliver up to lessor the land
<br />leased, underground timbering, and such other
<br />supports and structures necessary for the
<br />preservation of the mine workings on the leased
<br />premises or deposits and place all workings in
<br />condition for suspension or abandonment. within
<br />180 days thereof, lessee shall remove from the
<br />premises all other structures, machinery,
<br />equipment, tools, and materials that it elects to
<br />or as required by the authorized officer. Any
<br />such structures, machinery, equipment, tools, and
<br />materials remaining on the leased lands beyond
<br />180 days, or approved extension thereof, shall
<br />become the property of the lessor, but lessee
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