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<br />10. Assignment -The Lessee, with the written consent of the Lessor; will have the right to assign this lease as to the
<br />entue leasehold interest of such Lessee in all or part of the lands covered hereby, not less, however, than tracts of
<br />approximately forty (40) acres or Governmental lot corresponding to aquarter-quarter section for any partial
<br />assrgnment, and for approval of such assignment the Lessor will make a charge of Ten Dollars (SI0.00) for any
<br />~' one assignment. No assiggnnment of undivided interests or retention or reservation of overriding royalties will be
<br />- recognized or approved by Lessor; and the effect, if any, of any such assignments or reservations will be strictly
<br />and only as between the parties thereto, and outside the terms of this lease, and no dispute between parties to any
<br />.. such assignment or reservation shall operate to relieve the Lcssce from performance of any forms nr conditions .
<br />hereof or to postpone the time therefor. Lessor will at all times be entitled to look solely to the Lessee or his
<br />assignee shown on its books as being the sole owner hereof, and for the sending of all notices required by this
<br />' ' Rase, and Cor the performance of all terms and conditions hereof. If an assignment of this lease, in whole or in
<br />part, is approved, a new lease will be issued to [he assignee for the balance of [he life of the lease, covering [he
<br />• ~ ~. ~- lands assigned. Said lease will be on the mining lease form in use at the time of assignment, and limited as to term
<br />' as said lease is limited, and the assignor shall be released From all further obligations, and shall be held to have ,
<br />released all rights and benefits thereafter accruing with respect to the assigned land, as if the same had never been
<br />' apart of the subject matter of this lease.
<br />11, Prospecting -Lessee agrees that while using and operating any diamond,churn, or other drill on or within one-
<br />quarter mile of said premises, it will keep an accurate log on all work so done and performed, showing geological
<br />formations penetrated, the depth or thickness of each, the mineral character of each especially mineral veins and
<br />' ~ .. .water bearing strata, the location of same, the elevation, and tie to a corner established by U. S. surveys of some
<br />'legal subdivision, and each and every thing necessary to make a complete log of the hole throughou[•i[s entire
<br />depth, a true copy of which said log will be furnished [o the Lessor.
<br />It is understood and agreed that the methods used in carryingg out any program of exploration, and the rate of
<br />progress of such program may be determined by the Lessee. If [he Lessee carries on any program of exploration,
<br />other than drilling, Lessee will submit to Lessor written reports showing the character and extent of prospecting
<br />' being carried out on the leased premises and giving any details of mineral outcroppings, seams, and veins which
<br />' may have been encountered; and Lessor agrees that during [he term of this lease all such information supplied to
<br />Lessor by Lessee will remain confidential and unpublished so far as consistent with law.
<br />12. Surrender and Relin uishment -The Lessee may at any time, by paying the State of Colorado, acting through its
<br />fate oar o n ommissioners, all amounts then due as provided herein, surrender and cancel this lease
<br />insofar as the same covers all or any portion of the lands herein leased and be relieved from further obligations or
<br />liability hereunder with respect to the lands so surrendered; provided, that no partial surrender or cancellation of
<br />this lease may be for less than tracts of approximately forty (40) acres or Governmental lot corresponding to a
<br />quarter-quarter section, the rental being reduced proportionately; provided further, that this surrender clause and
<br />- option herein reserved to the Lessee will cease and become absolutely inoperative immediatelyy and concurrently , -
<br />with the institution of any suit in any court of law by the Lessee, Lessor, or any assignee of either, to enforce this
<br />• lease or any of its terms, ex ress or implied, but in no case will surrender be effective until Lessee has made full
<br />provision for conservation ofpthe minerals and protection of the surface rights of the leased premises.
<br />All information in Paragraphs 5 and l I, above, must ?lave been filed with the Board before t:~, :°ase maY be
<br />.terminated.
<br />13. If lessee initiates or establishes any water right the point of surface diversion or ground
<br />' ,~ ~ .water withdrawal of which is on the leased premises, such right will, if the surface rights of said premises are
<br />owned by lessor, become property of lessor, without cost, at the termination of the lease.
<br />14. Protection a ainst Surface Dama a -Bond Re uirements -Lessen has the right to utilize as much of the surface ;
<br />o t e an s as is necessary or mining operations, an is liable and agrees [o pay Cor all damages to livestock,
<br />growing crops, water wells, reservoirs, or improvements, caused by Lessee's operations on said lands. Further, i[ is
<br />understood that this lease is granted subject to surface patents, deeds, and certificates of purchase, and Lessee
<br />assumes responsibility for all claims arising from damages to the surface caused by Lessee's operations on such
<br />lands. It is agreed and understood that no o erations may be commenced on the lands hereinabove described
<br />unless and until the Lessee or his assignee has fled a good and sufficient bond with [he Lessor in an amount [o be
<br />fixed by Lessor, to secure the payment for such damage to livestock, growing crops, water, or improvements as
<br />may be caused by Lessee or his assignee's operations on said lands. The Lessor may grant relief from the foregoing
<br />bond requirement upon application for such relief from the Lessee.
<br />15. Indemnification of Lessor -The Lessee further agrees to hold the Lessor harmless for any and all manner of
<br />c aims arising or eo arise rein the said leased premises by Lessee whether from soil or surface subsidence or from ~ . i
<br />any other cause or any other nature whatsoever; this paragraph is binding upon Lessee and upon the heirs, assigns, ~
<br />successors, and legal representatives of Lessee, and is a conltnuing obligation during and after the expiration of
<br />this lease, so long as any possibility of soil or surface subsidence remains.
<br />16. Ri t of Removal - In the event this lease is terminated by forfeiture, surrender, or the expiration of term, and
<br />'.~, a o igations~ Lessee under this lease are satisfied, Lessee may remove all his improvements and equipment
<br />' from the said premises within six months from the date of such termination, and such removal must be accom-
<br />plished without unnecessary waste or injury to the premises. All improvements and equipment remaining on the
<br />leased premises six months after the termination hereof will be forfeited automatically to the State oC Colorado,
<br />without compensation.
<br />17. Coin liance~with Law -Lessee further covenants and agrees that during the continuance of this lease it will fully ~
<br />comp y wl ith all the provisions, terms, and conditions of all laws, whether State or Federal, and orders issued
<br />• ~ thereunder which may be in effect during [he continuance hereof relating [o mining or other operations of Lessee
<br />hereunder.
<br />18. Forfeiture - It is agreed that if for any reason the Lessee fails to keep each and every one of the covenants herein,
<br />' ~ - ~ an~if such default continues for a period of thirty (30) days after service oFwritlen notice thereof by certified
<br />mail upon the Lessee by the Lessor, the Lessor has t e right to declare this lease forfeited, and to enter onto the
<br />leased premises, or any part thereof, either with or without process of law, and to expel, remove, and put out the
<br />._ Lessee or any person occupying the premises, using such force as may be necessary to do so. In the event of [he
<br />termination of this lease by reason of breach of the covenants herein contained, the Lessee will surrender and
<br />peaceably deliver up to the Lessor the above-described premises which premises are to be in good mining
<br />condition. 1(, upon termination of this lease for any reason, whether by surrender, forfeiture, or expiration of
<br />term, or otherwise, Lessee has not complied fully with the terms of [he lease, Lessor will hold and retain ossession
<br />of the property, improvements, and equipment of Lessee, as security unto Lessor for the payment otPrents and
<br />-~ royalties due it; or to protect it against liens, or to indemnify it against any loss or damage sustained by it by if
<br />- ;=~ reason of the default of the Lessee, for which purpose Lessor is hereby given lien upon all such property, j
<br />improvements, and equipment, which lien will attac as the same are placed upon the premi5e5. In the event -
<br />". Lessor forecloses the lien in this article given to it by Lessee Lessor may itself be a purchaser at any sale thereof
<br />\ under such foreclosure. Upon the termination of this lease f'or any cause, if the Lessee remains in possession of
<br />said premises, he will be guilty of an unlawful detainer under the statutes in such case made and provided, and he
<br />will pe subJ'ect to all the conditions and provisions thereof and to eviction and removal, forcibly or otherwise,
<br />with or without process of law, as above provided. ~
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