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<br />25. FORFEITURE BY DEFAULT - It is agreed that if for any reason Lessee shall fail to keep each and <br />every none of the covenants herein, and such default shall continue for a period of thirty (30) days after <br />service of certified, written notice thereof upon Lessee by Lessor, this lease shall be canceled without <br />further notice and Lessor shall have the right to enter onto the leased premises, or any part thereof, either <br />with or without process of law, and to expel, remove and put out Lessee or any person occupying the <br />premises, ruing such force as may be necessary to do so. <br />In the event of the termination of this lease by reason of breach of the covenants herein contained, <br />Lessee shall surrender and peaceably deliver up to Lessor the above-described premises, and such premises <br />shall be in good condition. If, upon termination of Otis lease for any reason, whether by surrender, <br />forfeiture, expiration of term, or otherwise, Lessee shall not have fully complied wiUt the terms of this <br />lease, Lessor shall hold and retain possession of the property, improvements, and equipment of Lessee, <br />as security unto Lessor for the payment of rents and royalties due it or to protect it against liens, or to <br />indemnify it against any loss or damage sustained by it by reason of the default of Lessee, for which <br />purpose Lessor is hereby given a lien upon all such property, improvements, and equipment, which lien <br />shall attach as the same aze placed upon the premises. In the event Lessor shall foreclose the lien in this <br />Article given to it by Lessee, Lessor may itself be a purchaser az any sale thereof under such foreclosure. <br />Upon the termination of this lease for any cause, if Lessee shall remain in the possession of said premises, <br />it shall be guilty of an unlawful detainer under the statutes in such case made and provided and he shall <br />be subject to all the conditions and provisions thereof and to eviction and removal, forcibly or otherwise, <br />with or without process of taw, as above provided. <br />26. OTHER MATERIALS NOT INCLUDED IN THIS LEASE - Ia the event the material mined under this <br />lease is found to contain ores or mineral substances of value, Lessor reserves the right to lease this land <br />for the removal of such ores or substances and Lessee herein mentioned agrees to forego the removal of <br />materials until they have been first processed for such ores or mineral substances, if requested to do so <br />by Lessor. <br />27. ARCHAEOLOGY - It is contrary to State and Federal law to excavate, appropriate or disturb any <br />historical, prehistorical or azchaeological site or resource on any public lands or lands administered by <br />the State Boazd of Land Commissioners. Discovery of a suspected site or resource shall be immediately <br />brought to the attention of Lessor and the State Archaeologist of Lessee shall provide evidence that no <br />significant azchaeological sites exist on the leased premises which could be destroyed by Lessee's <br />operations. <br />28. LIENS AND CLAIMS -Lessee shall not suffer or permit to be enforced against the leased premises, or <br />any part thereof, or arty improvements thereon, any liens azising from, or any claim for damage growing <br />out of the work of any construction, repair, restoration, replacement or improvement, or any other claims <br />or demand howsoever the same may azise, but Lessee shall pay or cause to be paid all of said liens, <br />claims, or demands before any action is brought to enforce the same against the leased premises or <br />improvements. Lessee agrees to defend, indemnify and hold Lessor and the leased premises free and <br />harmless 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. Lessee shall, upon execution <br />of this lease az its cost, prepaze a Notice, pursuant to C.R.S. § 38-22-105 and cause the same to be posted <br />for the purpose of protecting Lessor against any I iens or encumbrances upon the leased premises by reason <br />of work, labor, services or material contracted for or supplied to Lessee. <br />Page 7 of ~ <br />