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<br />attorney fees, consultant fees and expert fees) which arise during or after the lease term as a result of such
<br />contamination. This indetnnification of. Permitter by Fermittee includes, without limitatidn, costs incurred in
<br />connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work
<br />re9uired by any federal, state, or local govettunental agency or political subdivision because of Hazardous
<br />Material present in the soil or ground water on or undes the Leased Premises. Without limiting the foregoing, if
<br />the presence of any, Hazardous Material on the Leased Premises caused or permitted by Permittee results in any
<br />contaminationof the Leased Premises, Petmittee shall promptly take all actions at Permittee's sole expense as are
<br />necessary u~ return the Leased Premises to the condition existing prior to thc: introduction of any such Hazardous
<br />Material,to the Leased, Premises; provided that Permitter's approval of such actions shall first be obtained. As
<br />used herein, the term "Hazardous Material" means any hazardous or toxic substance, material or waste which is
<br />or becomes. regulated .by. any local governmental authority, the State of Colorado or 'the United States
<br />Government. ,The. term "Hazardous Material" includes, without limitation, any material or substance that is (i)
<br />defined or designated as a.;'hazardous substance", "hazardous waste" or a "regulated substance "under appropriate
<br />state or federal law.
<br />32. ARCHAEOLOGY -- It is contrary to State law to excavate, appropriate or disturb any historical, prehistoric or
<br />archaeological site or resource on any lands administeredby Permitter. Discovery of a suspected site or resource
<br />shall be immediately brought to the attention of Permitter and the State Archaeologist or Petmittee shall provide
<br />evidence that no:significant archaeological sites exist on the leased premises which could be destroyed by
<br />Permittee's operations.
<br />33. .. DEFAULT AND FORFEITURE - If for any reason Permittee fails to keep each and every one of the covenants
<br />and conditions herein, and if such default continues for a period of thirty (30) days after service of written notice
<br />thereof by certified mail upon Permittee, Permitter shall have the•right to declare this lease forfeited, and'to enter
<br />onto the leased premises either with or without process of law, and to expel, remove and put out Permittee or any
<br />persogoccupying the premises,. using such force as may be necessary to do so. ~ '
<br />In the event of the termination of the lease by reason of breach. of the covenants herein contained,
<br />Permittee shall surrender and peaceably deliver to Permitter the above-described premises, and such premises
<br />shall be in good mining condition. If, upon termination of this lease for any reason, whether by surrender,
<br />fotfieiture or expiration of term or otherwise, Permittee shall not have fully complied with the terms of the lease,'
<br />Pemritter shall hold and retain possession of the property, improvements, and equipment of Permittee as security
<br />unto Permitter for the payment of rents and royalties due Permitter, or to protect Permitter against liens, or to
<br />• indemnify Permitter against any,loss or.•damage sustained by Permitter by reason of the default of Permittee, for
<br />which.purpose.Permitter is hereby given a lien upon all such property, improvements, and equipment, which lien
<br />shall. attach as the same are placed upon the.premises.. In the event Permitter shall foreclose the lien in this article
<br />„ ,,:, ,given to Pemutter. by Pertniuee, Permitter may itself be a purchaser at any sale thereof under such foreclosure.
<br />,.; ..Upon the termination of this lease for any cause; if Permittee shall remain in -possession of said grerttises,
<br />Permittee shall be guilty of an unlawful detainer under the statutes in such case made and provided, and shall be
<br />subject to all the conditions and provisions thereof and to eviction and removal,'forcibly or otherwise, with or
<br />„ .Without process of law, as;above provided. , .
<br />„ .. ~Petmittee shall be liable .for ,all. taxes lawfully assessed on property of Permittee located on the leased
<br />pretises..
<br />The benefits, terms, and obligations of this lease shall extend to and be binding upon the heirs, executors,
<br />administrators, successors, or assigns of the respective parties hereto.
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