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Sec. 6. DOCUMENTS. EVIDENCE AND INSP~ON - At such times and
<br />in such form as lessor may prescribe, lessee shall furnish detailed
<br />statements showing [he amounts and quality of all products removed
<br />and sold from the lease, the proceeds therefrom, and the amount used
<br />for production purposes or unavoidably lost.
<br />Lessee shall keep open at all reasonable times for the inspection otany
<br />d my authorized officer of lessor, the leased premises and all surface and
<br />underground improvements, works, machinery, ore stockpiles, equip-
<br />ment,and all books, accounts, maps, and records relative to operations,
<br />surveys, or investigations on or under the leased lands.
<br />Lessee shall alloy- lessor access to and copying of documents reason-
<br />ablynecessary to verify lessee compliance with terms and conditions of
<br />the lease.
<br />While thin lease remains in effect, information obtained under this
<br />section shall be closed to inspection by the public in accordance with
<br />the Freedom of Information Act (~ U.S.C. 5521.
<br />Sec. 7. DAMAGES TO PROPERTY AND CONDUCT OF OPERATIONS -
<br />Lesseeshall compl}• at its ow•n expense with all reasonable orders of the
<br />Secretary, respecting diligent operations, prevention of waste, and
<br />protection of other resources.
<br />Lessee shalt not cond uct ex piora[ion operations, other than casual use,
<br />without an approved exploration plan. All exploration plans prior to
<br />the commencement of mining operations within an approved mining.
<br />permit area shall be submitted to the authorized officer.
<br />Lessee shall carry on all operations in accordance with approved
<br />methods and practices as provided in the operating regulations, having
<br />due regard for the prevention of injur}• to life, health, or propert}•, and
<br />prevention of waste, damage or degradation [o any land, air, water,
<br />cultural, biological, visual, and other resources, including mineral
<br />deposits and formations of mineral deposits not leased hereunder, and
<br />to other land uses or users. Lessee shall take measures deemed
<br />necessary by lessor to accomplish the incenl of this lease term. Such
<br />measures may include, but are not limited to. modification to proposed
<br />siting or design of facilities, timing oC operations, and specification of
<br />interim and final reclamation procedures. Lessor reserves to itself the
<br />right to lease, sell, or otherwise dispose of the surface or other mineral
<br />deposits in the lands and the right to continue existing uses and to
<br />authorize future uses upon or in the leased lands, including issuing
<br />leases for mineral deposits not covered hereunder and approving
<br />easements orright-of-way. Lessor sh all condition such uses to prevent
<br />unnecessan• or unreasonable interference with rights of lessee as may
<br />be consistent with concepts of multiple use and multiple mineral
<br />development.
<br />Sec. 8. PROTECTION OF DIVERSE INTERESTS, AND EQUAL OPPORTU-
<br />NITY-Lessee shell: pay when due all taxes legally assessed and levied
<br />under the laws of the State or the United States; accord all employees
<br />complete freedom of purchase; pay all wages at lease twice each month
<br />in lawful money of the United States; maintain a safe working
<br />environment in accordance with standard industry practices; restrict
<br />the workday to not more than 8 hours in any one day for underground
<br />workers, except in emergenries; and take measures necessary [o protect
<br />the health and safer}• of the pu blic. No person under the age of 16 years
<br />shall be employed in any mine below the surface. To the extent that
<br />laws of the grate in which the lands are situated are more restrictive
<br />than the provisions in this paragraph, then the State laws apply.
<br />Lessee will comply with al] provisions of Executive Order No 1 ]246 of
<br />September 24. 1965, as amended. and the rules, regulations, and
<br />relevant orders of the Secretary of Labor. Neither lessee nor lessee's
<br />subcontractors shall maintain segregated facilities.
<br />Sec. 9. (al TRANS
<br />This lease ma}' be transferred in whole or in part to any person,
<br />association or corporation qualified w hold such lease interest.
<br />^ This lease may be transferred in whole or in part to another
<br />publicbody or to a person whowill minethe troal on behalf of, and
<br />for the use of, the public body or to a person who for the limited
<br />purpose of creating a security interest in favor of a lender agrees
<br />to be obligated to mine the coal on behalf of the public body.
<br />^ Thislease may only betransferred in whole or in pan to another
<br />small business qualified under 13 CFR 121.
<br />Transfers of record title, working or ro}•alt}• interest must he
<br />approved in accordance with the regulations.
<br />(b) RELINQUISHMENT -The lessee me}• relinquish in writing at any
<br />time all righsc under [his lease or any portion thereof es provided in the
<br />regulations. Upon lessoi s acceptance of the relinquishment, lessee
<br />shall be relieved of all future obligaciona under the lease or the
<br />relinquished portion thereof, whichever is applicable.
<br />Sec. ]0. DELIVERY OF PREMISES, REMOVAL OF MACHINERY, EQUIP-
<br />MENT, ETC. - A[ such time as ell portions oC this lease ere returned to
<br />lessor, lessee shall deliver up to lessor the land leased, underground
<br />timbering, and such other suppona and structures. necessary for the
<br />preservation of the mine workings on the leased premises or deposits
<br />and place all workings in condirion for suspension or abandonment.
<br />W ithip 180 days thereof, lessee shall remove from the premises all other
<br />structures, machinery, equipment, tools, and materials that it elects w
<br />or as required by the authorized officer. Any such structures, ma-
<br />chiner}•, equipment, tools, and materiels remaining on the leased lands
<br />beyond 180 da}•5, or approved extension thereof, shall become the
<br />property of the lessor, but lessee shall either remove any or all such
<br />property or shall continue to be liable (or the cost of removal and
<br />disposal in the amount actually incurred be the lessor.lf the surface is
<br />owned by third parties, lessor shall waive the requirement for removal,
<br />provided the third patties do not object to"such waiver. Lessee shall,
<br />prior to the termination of bond liability or at any other time when
<br />required and in accordance with all applicable laws and regulations,
<br />reclaim all lands the surface of which has been disturbed, dispose of all
<br />debris or solid waste, repair the ofisite and onsite damage caused b}•
<br />lessee's activit}• o- activities incidental thereto, and reclaim access
<br />roads or trails.
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<br />Sec. 11. PROCEEDINGSIN CASE OF DEFgUCT-lf lessee fails to comply
<br />with applicable laws, existing regulations. or the terms, conditions and
<br />stipulations oC this lease, and the noncompliance continues for 30 days
<br />after written notice thereof, this lease shall be subject to cancellation b}'
<br />the lessor only' b}' judicial proceedings. This provision shall not be
<br />construed to prevent the exercise b}' lessor of any other legal and
<br />equitable remedy, including waiver of the default. Any such remedy or
<br />waiver shall not prevent later cancellation for the same defa ul[
<br />occurring at any other time.
<br />Sec. I2. HEIRS AND SUCCESSORS-IN-INTEREST -Each obligation of
<br />this lease shall extend to and be binding upon, and ever}• benefit hereof
<br />shall inure to, the heirs, executors, administrators, successors, or
<br />assigns of the respective parties hereto.
<br />Sec. 13. INDEMNIFICATION -Lessee shall indemnify and hold harmless
<br />the United States from any and all claims arising out of the lessee's
<br />activities and operations under this lease.
<br />Sec. ] 4. SPECIAL STATUTES -This lease is subject to the Clean 14 star
<br />Act (33 U.S.C. 1252 et. seq.), the Clean Air Act (42 U.S.C. 4274 et. seq.).
<br />and to all other applicable laws pertaining to exploration activities.
<br />mining operations and reclamation, including [he Surface Mining
<br />Control and Reclamation Act of 197 i (30 U.S.C. 1201 et. seq.).
<br />Sec. 15. SPECIAL STIPULATIONS- T}715 lease is subject to special s[ipulat ions (a) Cultural Resources,
<br />acid; (b) Paleontological Resources which are attached to and made a part of this lease.
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