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<br />n <br />u <br />All machinery and improvements placed upon the premises by Lessee may be <br />removed prior to the termination of this lease. <br />Lessee shall carry adequate insurance to protect both Lessor and Lessee from <br />claims arising out of or related to the mining activities of Lessee. Lessee shall also <br />maintain a Worker's Compensation policy with a responsible company, such policy to be <br />obtained prior to the commencement of any work upon the premises by any employee of <br />Lessee. <br />This lease shall remain in force until the stockpiled mineral material and/or <br />unprocessed mineral material is exhausted. Lessor may terminate this lease for a <br />violation of the terms of this lease, but prior to any termination by Lessor, Lessor shall <br />provide Lessee with written notice of the alleged violation and allow thirty days for <br />Lessee to correct the violation. If Lessee corrects the violation within the thirty days, no <br />termination of the lease may occur. Lessee may terminate this lease with or without <br />cause upon 60 days written notice. <br />Under the terms of this lease agreement, Lessor is entitled to up to 5000 tons of <br />processed road materials over the life term of the lease agreement for use on Lessor's <br />property. Lessor shall keep record of tonnage removed from Lessee stockpiles and this <br />volume is not subject to royalty payments to Lessor. <br />Upon any termination of Lease by Lessee, Lessee shall not be relieved from its <br />responsibilities for reclamation under this lease, to the extent that reclamation is <br />appropriate and can be accomplished iii accordance with Lessee's reclamation plan. <br />In the event of a dispute arising out of this Lease, the prevailing party in such <br />dispute, whether or not litigation occurs, shall be entitled to recover reasonable attorney <br />fees, costs and other expenses of any nature whatsoever, that were incurred in connection <br />with the dispute. <br />In witness whereof, the parties have executed this agreement at Canon City, <br />Colorado the day and yeaz first above written. <br />BOARD OF COUNTY COMMISSIONER <br />COUNTY OF FREMONT <br />ames R. Schauer, Chairman <br />BILL CANTERBURY, JR. <br />ATTEST: <br />By: <br />Norma J. Hatfield <br />Fremont County Clerk & Recorder <br />~~ ~ ~~ <br />