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<br />~i <br />shall be made at the end of each month for tonnage removed from property. Fremont <br />County shall maintain records of total tonnage extracted. <br />Lessee shall apply for and obtain all applicable State and County permits prior to <br />commencement of mining activities. Lessee shall bear sole financial and other <br />responsibility for reclamation of the site after mining activities are completed. <br />Lessee, agents or subcontractors of Lessee are responsible for mining within the restraints <br />and confines as outlined in the State of Colorado and Fremont County mining and <br />conditional use permits issued for this site. <br />Lessee shall not molest, injure, or interfere with Lessor in the full use, occupation, <br />and enjoyment of the premises, buildings, and improvements including roadways <br />thereon, at any time, more than may be necessary for the efficient mining activities by <br />Lessee, and Lessee shall pay for any damage that may be caused to any crops, livestock, <br />structures, or other property on the premises by the negligence or fault of Lessee or <br />Lessee's contractors or agents. Lessee shall not interfere with the use of the access road, <br />which serves the property and residence of Lessor. Lessee shall take all reasonable and <br />necessary steps to minimize disturbance to trees, vegetation, and rock surfaces outside the <br />footprint of the unstable limestone waste piles to be mined. This may include the use of <br />excavators and/or backhoes to removal the toe of the waste piles without disturbing the <br />drainage channel of Spring Creek located adjacent to and directly east of the waste piles. <br />Lessee shall take all necessary steps to protect water quality and minimize sediment <br />movement from working areas into Spring Creek Drainage. <br />It is understood that Lessee plans to mine on Canterbury Ranch property for some <br />time prior to mining on Graley property. All disturbed lands will be reclaimed in <br />accordance with an approved mine and reclamation plan per Colorado Mining Law. <br />Afrer inspection of active mine workings and environmental controls in place on <br />neighboring land, Lessor retains the option to forego mining on Lessor's lands. Lessor <br />shall be required to notice Lessee of this intent in writing. <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 unprocessed mineral material is exhausted. <br />Lessor may terminate this lease for a violation of the terms of this lease, but prior to any <br />termination by Lessor, Lessor shall provide Lessee with written notice of the alleged <br />violation and allow thirty days for Lessee to correct the violation. If Lessee corrects the <br />violation within the thirty days, no termination of the lease may occur. Lessee may <br />terminate this lease with or without cause upon 60 days written notice. <br />