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<br />9. StiRRENDER -- Lessee may at any time surrender and cancel this lease <br />insofzr as the same covers all or any portion of the lands herein. <br />leases and be relieved from :anther obligations or liability <br />hereunder with respect to the lands so surrendered; provided that no <br />partial surrender or cancellation of this lease shall be for less <br />than contiguous tracts of approximately forty (40) acres or <br />Governmental lot corresponding to a quarter-quarter section; <br />.provided further that this surrender clause and the option herein <br />reserved to Lessee shall cease and become absolutely inoperative <br />immediately and concurrently with the institution of any suit in any <br />court of law by Lessee, Lessor or any assignee of either to enforce <br />this lease, or any of its terms, express or implied, but in no case <br />shall surrender be effective until Lessee shall have made full <br />provision for protection of the surface rights of the leases <br />premises. <br />10. BOiLDS AND SURFACE DPMAGE -- Lessee shall be liable and agrees to pay <br />for all damag•~s to the surface of ttie land, livestock, growing crops <br />or improvements caused by Lessee's operations on said lands. It is <br />agreed and understood that no operations shall be commenced on the <br />lands hereinabove described unless and until Lessee or his assignee <br />shall have filed a good and sufficient bond with Lessor in an amount <br />to be fixed by Lessor, to secure the payment for such damage to the <br />surface of the land, livestock, grocring crops or improvements as may <br />be caused by Lessee or his assignee's operations on said lands. <br />With Lessor's approval the bond may be waived in favor of that which <br />may be required by the Colorado Mined Land Reclamation Division. <br />There shall be no removal of timber without prior notice to Lessor. <br />Any merchantable timber cut in conjunction with the approved mining <br />plan is to remain the property of the State. All other timber, <br />slash, stumps, and boughs are to be disposed of by Lessee. <br />11. HOLD EtARMLESS -- Lessee shall indemnify Lessor against all liability <br />and loss, and against all claims and actions, including the defense <br />of such claims or actions, based upon or arising out of damage or <br />injury, including death, to persons or property caused by or <br />sustained in connection with this lease or by conditions created <br />thereby, or based upon any violation of any statute, ordinance, or <br />re:;ulatio:~. <br />12. OPERATION PLAN -- All plans for mining may be requested by Lessor <br />for review and approval before these operations begin. <br />13. ENVIRONP•tENT=.~ P.NALYSIS -- Submittal of an environmental analysis may <br />be required for appro~ral by Lessor before any exploration or Wining <br />begins on leased prer.,ises. <br />14. MIPIING METHODS -- only mining methods that will insure the <br />extraction of the greatest possible amount of minerals consistent <br />5 <br />