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delend, indemnify and hold Lessor and the Leased Premises free and harmless from all liability for any and all
<br />such liens, claims, demands, and actions, together with reasonable attorney fees and all costs and expenses in
<br />• connection therewith. Lessee shall, upon execution of this Lease at its cost, prepare a Notice, pursuant to C.R.S.
<br />j 38-22-1Od, and cause [he 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 ro Lessee.
<br />30. SURRENDER AND RELINOUTSHMENT -- Lessee may, a[ any time, by paying [o Lessor, all mnounn then
<br />due as provided herein, surrender and cancel this Lease, insofar as the same covers all or any portion of the
<br />lands herein leased and be relieved from further obligations or liability hereunder with respect to [he lands so
<br />surrendered; provided [hat no partial surrender or cancellation of [his Lease shall be for less than tracts oC
<br />approximately 40 acres or govemmeatal lot corresponding [o aquarter-quarter section, the rental being reduced
<br />proportionately. 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, Lessor
<br />or any assignee of either to enforce this Lease, or any of its terms, express or implied, but in no case shall be
<br />elective until Lessee shall have made full provision for conservation of the minerals and protection of the
<br />surface rights of the Leased Premises as may be determined by Lessor. Notwithstanding the foregoing, no
<br />surrender and relinquishment of this Lease shall be effective unless and until all reports, documents and
<br />information of any kind required to be submitted to Lessor under this Lease, or to such state agencies as
<br />provided in this Lease, have beer. submitted m Lessor or such state agency.
<br />31. RIGHT OF REMOVAL -- In the even[ this Lease is terminated by forfeiture, surrender, or the expiration of its
<br />trine, and all obligations of Lessee under this Lease are satisfied, all Lessee's improvements, equipment, man-
<br />made objects of any type, stockpiles and dumps shall be removed from the Leased Premises within G months
<br />from [he date of such tenninatioe a: Lessee's expense. Such removal is to be accomplished without unnecessary
<br />waste or damage to the Leased Premises, and Lessee shall restore the surface of the Leased Premises to the
<br />same condition as immediately prior to the execution of this Lease. All improvements and equipment remaining
<br />on the Leased Premises 6 months a8er the termination hereof shall be forfeited automatically to Lessor, without
<br />n>mpertsa[ion and without necessity of execution of additional documents.
<br />32. CONDEMNATION -- If the Leaved Premises shall be taken in any condemnation proceeding, this Lease shall
<br />automatically temvnate as of the date of taking. The award for such cordemnation shall be paid to Lessor,
<br />• except for any specific award(s) paid to Lessee for severed mineral reserve: from the Leased Premises, in which
<br />event a percent of such specific award(s) equal to royalty shall be paid to Lessor in lieu of royalty lost 6y virtue
<br />of [he condemnation. Improvements shall be removed by Lessee per terms in [he RIGHT OF REMOVAL
<br />Paragap6 herein. If only a portion of the Leased Premises is taken by condemnation, Lessee may, at its option,
<br />terminate this Lease or terminate only that portion of the Lease so taken.
<br />33. COMPLIANCE WITH LAW -- Lessee further covenants and agrees that during the continuance of this Lease,
<br />Lessee shall comply fully with all the provisions, terms, and conditions of sll laws, whether state or federal, and
<br />m~ders issued [heretmder, which iniy be in effect during the continuance hereof, which in any manner affect or
<br />control mining or other operations cf Lessee.
<br />34. ARCfIAFOLOGT -- It is contr..rv"to state and federal law to excavate, appropriate or dismr6 any historical,
<br />pre-historical or archaeological si.e or resource on any lands administered ~iy Lessor. Discovery of a suspected
<br />site or resource shall be itn[nedia:ely brought [o [he aaennon of Lessor and [he state archaeologist or Lessee
<br />shall provide evidence that no significant archaeological sites exist on [he Leased Premises which could be
<br />destroyed by Lessee's operations.
<br />3~. PORCE MAJEURE -- Neither catty shall be !fable to the other for damages fur any failure or delzy in
<br />performance under this Lease caused directly or indirectly by any person, authority, event or circumstance
<br />beyond such party's reasonable =ontrol and without such parry's fault or negligence, including without
<br />limitation, fire, casualty, strike, ldckout, government control and shortages 'resulting therefrom, or act of Ged.
<br />3G. DEFAULT AND FORFEITURE. -- It is agreed that if for any reason Lessee shall fail to keep each and every
<br />one of the covenants and conditions herein, and breaches any condition hereof, and such default continues fur a
<br />period of 30 days after service of •.vritten notice thereof by certified mail upon Lessee, Lessor shall have the
<br />right to deelaze [hi3 Lease forfeited, and to enter onto the Leased Premises or any part thereof, either with or
<br />without process of law, and to expel, remove and put out Lessee or any person occupying the premises, using
<br />such force as may be necessary to do so. Tn the event of the termination of this Lease by reason of breach of the
<br />cuvenanu herein contained, Lessee shall surrender and peaceably deliver~[c Lessor the Leased Premises, and
<br />such premises sha'I be in good mining condition. If, upon termination of fnis Lease for any reason, whether by
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