Laserfiche WebLink
<br />19. OTHER STATE AGENCIES -Permitter may determine that instruments <md documents required by other State <br />agencies satisfy certain requirements of this lease. In the event that Prirtnittee is required to fde instruments and <br />documents with other State agencies, including the Division of Ivlinerals aztd Geology, Pemtittee shall notify <br />Permitter of said filing and Permitter reserves the right to request and obtain copies of such instruments and <br />documents from the agency or from Pemtittee. -. <br />20. .INSPECTION -- It is agreed that during all proper hours and at all times during the continuance of this lease, <br />Permitter or Permitter's duly authorized agent, is authorized to check assays and scales as to their accuracy, to go <br />through or on any parcor all of the leased premises to examine, inspect, :survey and take measurements of the <br />same and to take samples of any kind and to examine and make extracts from or copies of all books and weight <br />sheets and records which show in any way the ore output, ore values, paytnenrs and royalties from and of the <br />leased premises. All conveniences necessary for such inspection, survey, of examination shall be furnished to <br />..,Permitter. Permitter may require Perrttittee to provide all instruments ancf documents of any kind and nature <br />whatever which affect Permitter's interests. <br />21. NO ICES• --: Any notice required to be given to Permittee under the provisions, of this lease shall be sent by <br />certified mail to the address set forth at the beginning of this lease or to such other address as Permittee tray <br />indicate in writing to Permitter, and such service by mail shall be deemed sufficient and in full compliance with <br />the terms of this lease as of the date it is postmarked. Notice to Permitter shall be given iti ]tke manner, addressed <br />to the State Board of Land Commissioners' Denver, Colorado address. <br />~... <br />22. NOTIFICATION OF MINING OPERATIONS--It is understood that Permitter may not own or control the <br />surface estate of leased premises, or Permitter may have issued a'surface use lease to another Permittee. Mineral <br />• Permittee shall be responsible for identifying such ownership or determining the surface Permittee or Permittees, <br />and shall notify all such parties in advance of any on-site activity. Notification will be given thirty (30) days for <br />untitled or grazing acreage and sixty (60) days for tilled farm ground prior to any on site activity. Mineral <br />Permittee shall closely coordinate any on-site activity with the surface owner or Permittee, and make a reasonable <br />effort to protect the integrity of surface owner's or surface Petmittee's fences, gates; cattleguards, and other <br />property. <br />23. PROTECTION AGAINST SURFACE DAMAGE -- Permittee has the right to utilize as much of the surface of <br />the lands as is reasonably necessary for mining operations; however, Permittee shall be liable and agrees to pay <br />for all damages to the surface, livestock, growing crops, water wells, reservoirs, or 'outer improvements caused <br />by Permittee's operations on said lands. There shall be no removal of timber without prior notice to Permitter. <br />Any merchantable timber cut in conjunction with the approved mitring plan is to remain the property of the State. <br />All.other timber, slash, stumps, and boughs aze to be disposed of by Pemtittee. <br />24. HOLD HARMLESS -- Permittee shalt indemnify Permitter against all liability and loss, and against all claims and <br />actions, including the defense of such claims or actions, based upon or arising out'of damage or injury, including <br />death, to persons or property caused by or sustained in connection with this lease or by conditions created <br />thereby, or based upon any violation of any statute, ordinance, or regulation. <br />25. LIENS AND CLAIMS -- Permittee shall not suffer or permit to be enforced against the leased premises, or any <br />part thereof, or any itrtprovements thereon, any liens arising from, or any claim for damage growing out of the <br />work of any construction, repair, restoration, replacement or improvement, or any other claims or demand <br />howsoever the same may arise, but Permittee shall pay or cause to be paid all.of said liens, claims, or demands <br />before any action is brought to enforce the same against the leased premises or improvements. Permittee agrees <br />to defend, indemnify and hold Permitter and the leased premises free and harmless from all liability for any and <br />all such liens, claims, demands, and actions together with reasonable attorney fees and all costs and expenses in <br />connection therewith. <br />Permittee shall, upon execution of this lease at its cost, prepare a Notice, pursuant to C.R.S. 1973, <br />§ 38-22-105 and cause the same to be posted for the purpose of protecting Permitter against any liens or <br />encumbrances.uponthe leased premises by reason of work, labor, services or materials contracted for or supplied <br />_' to Permittee. --. - - , - - <br />26. BOND - it is agreed that no operations are to be.cotnntenced on the lands herein described unless and until <br />Permittee or Perfnittee's agent has filed a good and sufficient bond with Permitter in an amount fixed by <br />Permitter; to secure the payment for damages caused'by Pet7rrittee's or Permittee's agent's operations on said <br />lands. Permitter reserves the right to grant relief from the foregoing bond requirements. Permitter may require <br />such band to be held in full force and effect for one year after cessation of operations for which the bond was <br />intended. This requirement maybe waived in favor of the requirements of the Division of Minerals and Geology. <br />Page 4 of 7 <br />