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PERMFILE42025
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PERMFILE42025
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Entry Properties
Last modified
8/24/2016 10:44:34 PM
Creation date
11/20/2007 11:00:02 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
X200621401
IBM Index Class Name
Permit File
Doc Date
6/1/2006
Doc Name
NOI Application
From
BTU Empire Corporation
To
DMG
Media Type
D
Archive
No
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hazmless from all liability for any and all such liens, claims, demands, and actions together with <br />reasonable attorney fees and all costs and expenses in connection therewith. <br />Lessee shall, upon execution of this lease at its cost, prepaze a Notice, pursuant to C.R.S. § <br />38-22-105 and cause the same to be posted for the purpose of protecting Lessor against any liens or <br />encumbrances upon the leased premises by reason of work, labor, services or materials contracted for or <br />supplied to Lessee.' <br />27. SURRENDER AND RELINQUISHMENT -- Lessee may, at any time, by paying to Lessor, all amounts <br />then due as provided herein, surrender and cancel this lease insofar as the same covers all or any portion <br />of 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 this lease shall be.focless <br />than tracts of approximately forty (40) acres or governmental lot corresponding to aquarter-quarter <br />seMion, 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 lease, 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 such <br />state agency. <br />28. RIGHT ~OF REMOVAL - In the event this lease is terminated by forfeiture, surrender, or the expiration <br />of its term, and all obligations of Lessee under this lease aze satisfied, all Lessee's improvements, <br />equipment, man-made objects of any type, stockpiles and dumps shall be removed from the leased <br />premises within six months from the date of such termination at Lessee's expense. Such removal is to <br />be accomplished without unnecessary waste or damage to the premises and Lessee shall restore the surface <br />of the leased premises to the same condition as immediately prior to the execution of this lease. All <br />improvements and equipment remaining on the leased premises six months after the termination hereof <br />shall be. forfeited automatically to Lessor without compensation and without necessity of execution of <br />additional documents. <br />29. CONDEMNATION - If the leased land shall be taken in any condemnation proceeding, this lease shall <br />automatically terminate as of the date of taking. The awazd for such condemnation shall be paid to <br />Lessor, except for any specific awazd(s) paid to Lessee for severed minerals reserves, in which event a <br />percent of such specific awazd(s) equal to royalty shall be paid to Lessor in lieu of royalty lost by virtue <br />of the condemnation. Improvements shall be removed by Lessee per terms in the RIGHT OF REMOVAL <br />paragraph herein. If only a portion of the leased land is taken by wndemnation, Lessee may, at its <br />option, terminate this lease or terminate only that portion of the lease so taken. <br />Page 9 of 11 <br />
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