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<br />10. Axsi>;nment - 'fhe Lessee, wish the written consent of the Lessor, will have the right to assign (his lease as to the I
<br />cnlue leasehold iulerest of such Lessee in all or part of the (ands covered hereby, not less, however, than tracts oC
<br />approximately fatly (40) acres or Governmental lot corresponding to a quarter-quarter section for any partial
<br />assignment, anti ti,r approval of such assignment the Lessor will make a charge uf'Cen Dollars ($10.00) for auy
<br />one assignment. Nu assiggnment of undivided interests or retention or reservation of overriding royalties will be
<br />recognize) nr approved by Lessor, and Ule effect, if any, of anyy such assignments ur reservations wrll be strictly
<br />;wd only as between the parties thereto, ;wd outside the lernrs o(lhis lease, and no dispute between parties to any
<br />such assignntenl or reservation shall update to relieve the Lessee from performance of any Icnns or conditions
<br />hereof ur 0.t pusgtone the lime therefor. Lcssur will at all times be entitled to look solely to tale Lessee or his
<br />assignee shown on its books as being the sole owner hereof, and for lire sending of all notices required by this
<br />(Ease, and fur the performance of all terms and conditions hereof. If an assignnreul of this (case, in whole or in
<br />part, is approved, a new lease will be issued to Ibe assignee for the balance oC tirc life of the lease, covering the
<br />lands assigned. Said lease will be on the mining Icase form in use al the time of assignnrcul, and limited as to Tenn
<br />as said lease is limited, and We assignor shall be released Goer all further obligations, and shall be held to have
<br />released all rights and benefits thereafter aecnliug with respect to the assigned land, as if the same had never been
<br />a p:nl of the subject mailer of this least.
<br />1 I. Pros eclin -Lessee agrees Thal while using and operating any diamond,churn, or other drill on or within one-
<br />quarter mi a of said premises, it will kec~i au accurate log on all work so done and ~terfonned, showing geological
<br />formations penetrated, the depth or thin ucss of each, the mineral character of eat I, es tecially mineral veins and
<br />water bearing strata, the location of same, the elevation, and lie to a corner eslablishe~ by U. S. surveys of some
<br />legal subdivision, and each and every Ihiug necessary to make a complete log of the hole throughout its entire
<br />tlcplh, a true copy of which said log will be furnished to the Lessor.
<br />It is understood and agreed Utat the metlwds used in carrying out auy program of cxplumliun, and the rate of
<br />progress of such program may be dclcnniucd by the Lessee. 11 the Lessee carries on any program of exploration,
<br />other than drilling, Lessee will submit to I_cssor written reports shuwiug the character and extent of prospecting
<br />being carried out on the leased premises and giving any details of mineral oulnu ,pings, scams, and veins which
<br />may have been encountered; and Lcssur agl ecs that during the term of Ibis lease a~l such information supplied to
<br />Lessor by Lessee will remain wnfidential :uul unpublished so far as consistent with law.
<br />12. Surreuder and Relin uishmenl -The Lessee may at any lime, by paying the State of Colorado, acting through its
<br />Slate Soar o ant ovuuissioners, all ;uuuunls then due as provided herein, surrender and cancel This Icase
<br />In SUfar 8S the same covers all or any purliml of the lands herciu leased and he relieved from further obligal ions or
<br />liability hereunder with respect lu the lands so surrendered; provided, (hat no partial surrender or cancellation oC
<br />this lease pray be for less Than tracts of ap tnt.xbnatcly forty (40) acres or Govcnuncntal lot couesponding to a
<br />quarterryuarter section, Iltc rental bciug rc~uced proporlionatcly;ptovided further, that this surrender clause and
<br />option herein reserved lu the Lessee will cease anti become absolutely inoperative immediatelyy and concurrently
<br />with the institution of any suit in any caul t of law by the Lessee, Lessor, or any assignee of either, to enforce this
<br />least or any of its terms, ex tress or im ,lied, but in no case will surrender be effective until Lessee has made full
<br />provision fur conservation o!'the miucia~5:nnl protection oC the surface rights of the leased premises.
<br />All in(onnalimr m Para raphs 5 and I I above, must have been filed with the Board before this lease may be
<br />Icrminale~
<br />13. if lessee initiates or establishes any water right the point of surface diversion or ground
<br />wafer withdrawal of which is mr the leased premises, such right will, if the surface rights u(said premises are
<br />owned by lessor, become properly of Icsa,r, witiruul cost, at the termination of the Icase.
<br />i4. Protectiou~against Surface Damagellemd Re uiremenls -Lessee has the right to utilize as much o(lhe surface
<br />oT I[te lands as is necessary for mining upcrdions, an a liable and agrees to pay fur all damages to livestock,
<br />growing crops, water wells, reservoirs, or improvements, caused by Lessee's operations on said lands. Further, it is
<br />understood that this lease is granted subject to surface patents, deeds, and certi(icares of purchase, and Lessee
<br />assumes responsibility for all claims arising from damages to the surface caused by Lessee's operations on such
<br />(ands. It is agreed and understood Ihal nu u,eraliuns may be commenced on the lauds hereinabove described
<br />unless and Ontll IIIC LCSSee Of 1715 aS51gI1eC has f(ilcd a good and sufficient bond wish the Lessor in an amount to be
<br />fixed by Lessor, to secure the payment litr such damage to livestock, growing crops, water, or improvements as
<br />may be caused by Lessee or his assignee's a ,cmlions ou said lands. The Lessor play grant relief from the foregoing
<br />bond requirement upon application for such relief from the Lessee.
<br />I5. indemnification of Lcssur -The Lc.ascc further agrees to hold fhe Lessor harrnless for any and all mamier of
<br />c inns uising or to anse Trom the said leased premises by Lessee whether from soil or surface subsidence or from
<br />any other cause or any other nature whatsoever; this paragraph is binding ul,ou Lcssec and uFto~ the heirs, assigns
<br />successors, and Icgal representatives of Lcssec, and is a counnuing obligaUOn during and after the expiration of+
<br />(his lease, so lung as auy possibility of soil or surface subsidence remains.
<br />IG. Right of Removal - In the event this Ic;lsc is tcnninaled by forfeiture,surrendcr, ur the expim(ion o(term,and
<br />11 uGhgalions o Lessee uudcr ibis Icase arc satisfied, Lessee may remove all his improvements and equipment
<br />from fhe said premises within six months from the date oC such termination, and such removal must be accom-
<br />plixhed without unnecessary waste or injury to the premises. All improvements ;md «piipmenl remaining on the
<br />leased premises six months after the Icnninatiou hereof will be forfeited automatically to the Stale of Colorado,
<br />without compensation.
<br />17. CoinLLtliance with Law -Lcssec further unronants and agrees that during the coNinuance of this (case it will fully
<br />cmnl'ly wwi[Galr I(e provisions, terms, and condiiiuns of all laws, whether Slate or Federal, and orders issued
<br />(hereunder which may be in effect during the continuance hereof relating to miuiug or other operations of Lessee
<br />hereunder.
<br />18. Forfeiture - Il is agreed that if for any reason the Lessee fails to keep each and evcq~ one of the covenants herein,
<br />an if such default continues fur a 1>cliud of thirty (30) days after service of written notice thereof by certified
<br />mail upon the Lessee by the Lessor, Ibe Lessor has the right to declare this lease forfeited, and to enter auto 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 (hc plcmisc5, using such force as may be necessary to do so. In the event of the
<br />termination n this lease by reason ul breach of the covenants herein contained, the Lessee will surrender and
<br />peaceably deliver up to the Lessul the above-described premises which premises arc to be in good mining
<br />condition. If, upon tenninalion of (his Icase for any reason, whether by Surreuder, forfeiture, or expiration of
<br />tens, or otherwise, Lessee h:a Imt complied fully with the tours o(lhe lease, Lessor will hold and retain PPossession
<br />of the property, improvements, and equipment u( Lessee, as security unto Lessor for the payment oCren[sand
<br />royalties due it, or to protect it against (lens, or to indemnify it against any loss or damage sustained by it by
<br />reason of the default of the Lcssec, fur which purpose Lessor is hereby given lien upon all such properly,
<br />improvements, and equipment, which lieu will attach as the same are placed upon fhe premises. In the event
<br />Lessor forecloses the lien iu this article given to it by Lessee, Lessor may itself be a purchaser al any sale thereof
<br />under such foreclosure. Upon the tewrination of this lease for any cause, if the 1_essee remains in possession oC
<br />said ppremises, he will be guilty of au mdawful detainer under the statutes in such rase made and provided, and he
<br />will be suhJ'ert to all the condiiiuns and provisions (hereof and to eviction and renwval, forcibly or otherwise,
<br />wish or without process of law, as above provided.
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