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pwnes in adv~anoz oi' any on-site deht'tty. Notification will be given thirty (30) days fur wttillzd nr grazing acrcagz ,
<br />anti sixty (rib) days fur piled farm gmlmd poor w rmy on cite acri~~ty. 1\linzt2l Lessce shall closely coordinate any
<br />Un-stitic aditdp• with Uu surface o+wscr o. lcsace, and make n reasonable effon to protect dro integrity of surfaez
<br />otNrer's or surlier lessee ~ fences, cotes, cattlcgusrds, :urd other property.
<br />PROTL:CT7CJN AGeWrST CitRpACE LlAN1AGF -Lessee bas the. right In u[ilixe as much of hte surface of the
<br />lands as rs reasmaibly neeessap• tar ntiniug operations; huw•ever, Lcsscc shall be liable and agrees to pap for all
<br />danvrges to the sw~fssce, livestock, g+>udng crops, wate::vells, reservoirs, or other improvcmeats caused by Lessee's
<br />opetutionS on said lands. Lessor undtrstands that this s a quarry, ing operation and i}tat fire final Izelamation toil] nor
<br />rentm the cw•taee. to the prrnrvrbrg condition. liters shat] be no removal of hmber without poor notwe to Lessor.
<br />Any trterchanta6le timber Cllt in uanjwtcuon wi11t ate npproved nriniag plan is w remain the propzrty of the Stn[c.
<br />All ollrer timber, slssh, snttrtps, at7d Mughv are to be disposed of by Lessce.
<br />24. HOLD HAFLIvII,ESS -- Lessen stroll indemnify Lessor agaurst all liability and loss, and against all claims and
<br />actlotts, including the defensC of such claims a actions, based upon or arisvr~ out of d~wttage or utjttry, inmuding
<br />dtath, to persons 07 property CanSed hY OT Susla]Aed In GnnneeIion ulih this ]case m by outldrdona ¢reatad tlreraby,
<br />or based upon any violadrnt of arry• statute, ordimncz, or rtgul`atinn-
<br />2?. LIENS rLND f`L,47M5 -Lessee stroll not suffer Or perniit ni bt enforced aeainsl the leased premises, Ur any part
<br />drereof, or any itlrprovemenLS thereUn, any liens uri.sing from, Oz any claim for damage gror57nG out of the wwk of
<br />any construction, repair, restoration, replacement or improvement, or any other alahns or demand howsoever the
<br />same tvay arise, but Lessee shall pay or cause to be paid all of said liths, claims, or dztnands before shy action is
<br />bn~ught ro enforct tier same agrurlst the leased premises or improvements. Lessee agrees w, defevd, iudenmify and
<br />hold Lessor at)d the leased premises ties and harmless from all liability free an}' and all such Betts, claims, dcroands;
<br />and actions together with reasonable attomcy fees and all costs and expenses' in connection therettridt.
<br />Lessee shell, upon e'uecution cf this ]ease at its cost, prepare a NUticz, pw'suant to C.R.S. 1973, § 35-2?-105
<br />and cause fire same w be posted fUr the pttrposa Ui'protecnng LtSBor against any liens yr encmnbrances upon the
<br />lensed premises by reason of work, ]abut, sendces or materials connacicd for or supplied ro Lzsste.
<br />26.. BGND - It is agrttd first. no operations are to be wmmenced on the lands herein dtsaibtd unless and rmtil Lessce
<br />nr Lessce s agent has fded a good and sttificient bUnd with Lessor in an amount fixed by Lessor, io secw~e the
<br />payment for damages caused by Lessee's or Lessee's agrnt's operations on said lands. Lessor reserves the right to
<br />grant relief Eom the foregoing bond requirements. Lessor tray tegvve such bond w be htld i<+ full force and effect
<br />far one year after cessation of operations for which the bond was intended. Tttls,ngtrirement may be waived in
<br />favor of drt rtgltlreltlents of fire llil'isien Cf Minerals and GeolUgy.
<br />27. WA'T'ER -- If Lessee initiates or estaolishes any water rights for which the point of Surface diversion ur Kround roarer
<br />wirhdraa~al is an the leased prznrises, title to such roarer tights sh311, upcm rcrttrinntion of fire lease, become the
<br />property of nc~ svrfaae aw'ner wirlteut cost, and title to the water tights shall be conveyed to Ste. surface owner
<br />itrvnediately upon terrrdnatinn, except that if Lessor is the sttrfaoe owner the water right shall be taken in the name of
<br />Lessor in the tint instance and shall be the property of Lessor without cost.
<br />28. T rRR F1VYtER tWp TLEL IN Ln. I-TMLNT -Lessee may, 3[ soy time, by paying W Lessor, all amounts then due as
<br />prodded herein, stmender and Hance] this lease insofar ns the same covtrs all (+r any portion of the lan[Ls herein
<br />]eased and he relieved from ftnther obligations or liability hereunder with resptCt to the lands sU surrendered;
<br />provided that ndparda] sairender or cancellation of this least shall be {or less than tracts of approximately forty (40)
<br />acres or gorettunental lo[ corresponding m a qua~teryuarter section, the rental being reduced proportionately.
<br />This sllrrender clause and option herein reserved to Lesse[ shell cease find bCCOme absolutely Jnopeiative
<br />invnediauly and concurrently with the institution of any suit in any court of law by Lessee, Lessm~ or any assignee
<br />of either to enforce this lease, or any of its terms, express or implied, but in no case shall sturender be effcodve until
<br />Lessee shall hove roads full prevision for cotuervation of the minerals and protatimr of fire surface fights of the
<br />]rased premises as may be dcterarincd try Lessor.
<br />Notwithstanding the foregoing, n0 swrender azrd relinquislm>art of dris ]ease shall be effective unless and
<br />tmril all repotts, documents and inforavstion Of any kind required to be suMnitted to Lessor undea this lease, or tU
<br />such state agencies as proxidcd in this lease trove been submitted to Lessor or such state agatcy,
<br />29, RIGHT OP REMOVAL - In the event this lease is terminated by svrzender, err the expiration of its term, and all
<br />' obligations.of Lessee tinder this lease are satisfied; all Lessee's unptnvements, equipment, than-tuade objects of atty
<br />type, hteluding~ staclcpiles and dtrrnps except as these stUCk pilc5 and dumps may be disposed of pursuant to the
<br />reclantatiUn plan, shall be removed from thz leased ],rcrnises w~thbr six month, from the date of such ttrntination at
<br />;' Lessee's espwtse. Such removal is to be scrgmplished without unxrtcessary cn•nate or damage w the premises and
<br />Lessee shall restore fire surface oFthc leased premises w flu condition as specified in the approved reclamation plea
<br />as it pcnains to such removal. All i:npravemestts and egtipment remaining Un the leased premises Six months after
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