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"EXHIBIT 0" <br /> planted on the property unless the express consent of the <br /> Lessors is procured . <br /> Lessee is specifically under no obligation to mine <br /> the portion of the property listed as Block 2 (Exhibit "A" ) <br /> except if the Lessee in its judgment determines that the same can <br /> be economical and profitable after giving due consideration to <br /> the setback requirements, the slope and grade requirements <br /> and the remaining quantity of materials then available for <br /> excavation. Lessee however expresses his desire to mine the <br /> same .if it can be economically feasable and profitable. <br /> 4 . Protection and Restoration of Site <br /> In digging pits and excavating materials from the <br /> •premises leased hereunder, Lessors agree the Lessee shall <br /> have the right to excavate below the water table , and if any <br /> overburden or actual mined material is stockpiled on the <br /> premises, and that Lessee shall carry on any stockpiling in <br /> a reasonable manner . Overburden shall mean that portion of <br /> the surface which is not material which can be removed from <br /> the site by the Lessee. <br /> Lessee, during the term of this lease, shall refill the <br /> excavated area to the extent it can, as it is able, and as <br /> is necessary, to comply with the Colorado Mined Land Reclamation <br /> Act, the Lessee being under no absolute obligation to refill the <br /> property. <br /> Lessors covenant and warrant. t.h.it they own two (2 ) <br /> ahares of Burlington Mutual. Ditch Stock entitling them to a <br /> certain quantity of water and agree, if necessary, that this <br /> water or so much of it as is required, m-ty be made available <br /> for downstream users of the water basin within which the <br /> property is located while the exposed pond of water on the <br /> premises remains , after excavation and before refill . <br /> Lessee ' s obligation to refill the excavated portion of <br /> the property is contingent upon the Colorado Land Mine <br /> Reclamation Board' s approval and local county approval, proper <br /> permits, and/or zoning, if necessary. <br /> "EXHIBIT 0" Source of Legal Right to Enter <br /> Page 5 <br /> -4- <br />