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Po,m ]600_1
<br />(AUauat 19]11
<br />UNITED STATES
<br />DEPARTMENT OF THE INTERIOR
<br />BUREAU OF LAND MANAGEMENT
<br />'STANDARD PROVISIONS
<br />"EXHIBIT A'•
<br />$ee. 1• Mining Plan -purchaser shell sevu, extract,
<br />or remove mineral materials from contract area only in
<br />accordance with the mining plan marked "Eihibit C"
<br />which u attached to and made a part of this connect
<br />unless changes are authorized, in writing, by the Aulhor-
<br />iced Olticer. Pcierity o[ areas of opewtion shall be
<br />dt.:igcaled on the mining plan, before approval, by the
<br />Authorized Officer if such action is necessary to prevent
<br />damage and to ptaod fully the inmrest of the Govem-
<br />ment. Purchaser agrees in such event [o conduct opem-
<br />tions in accordance with such priority designetiom.
<br />Operations in any designated unit of the can[cact areas
<br />shall be completed before reverence, extraction, or
<br />removal may begin on any other areas unless a change
<br />is authorized, in v: riling, 6y the Authorized Officer, in
<br />which event the taking on the uncompleted area shall
<br />be finished as soon as practicable. The Purchaser shall
<br />not enter the conk act area until [his cannot[ has keen
<br />executed and the mining plan approved try the Author-
<br />ized Officer. Purchaser shall notify the. Authorized
<br />Offittr when operations ere commenced and 30 days
<br />prior to the termination o[ such operations.
<br />$ec. 2. Condrmt o/operarions -(a) The Purchaser shall
<br />conduct ell operations under this contract in a workman-
<br />like manner and in accordance with ell applicable stat-
<br />utes, regulations, mining plans, and special stipulations,
<br />and all other appropriate directives of the Authorized
<br />Officer to prevent bodily injury, danger to life or health,
<br />or property damage, and to avoid the waste of resources,
<br />and shall comply with the special stipulations which are
<br />attached to [he contract, ell of which ere speci[Ically
<br />incorporated into this conlrnct. A breach o[ any term of
<br />Nis contract, including the stipulations attached hemto,
<br />will 6e subject to all the provisions o[ this contract
<br />wiN inspect to remedies in case of delault. Where any
<br />stipulation is inconsistent with a standard provision o[
<br />Nis contract, Ne st(puletion shall govern.
<br />ro) Severcnce, exnection, end removal of minecel
<br />materials sold under Nis contract shall he tarried out
<br />in aeconlanCe with the approved mining plan. ,
<br />(c) Purchaser shall not unduly (1) impair the scenic
<br />value of Ne land; or (2) interfere wiN recreational or
<br />other proper uses of the land or its resources.
<br />(d) Purchaser shell exercise all rcasonahle care to
<br />avoid injury to the remaining mineral materials. Mineral
<br />materiels shall be severed, extracted, or removed within
<br />Ne connect area, in such manner es [o leave rightscf-
<br />way, roads, nails, streams and lake shores tree from
<br />waste mineral materials, or other refuse.
<br />$ec. 3. Pire prevarrtion - (a) Purchaser shall take
<br />measures (or the prevention and suppression of lire an
<br />the c•mtrucl area and adjacent lends. It shall dispose
<br />nt slash or other debris resulting from operations here-
<br />vnd!r in accordance with written instructions tram the
<br />4uthnrizad O[fieet.
<br />(l:) Purchaser shall; during periods of fire danger
<br />as specified 6y the Authorized Officer, (1)prohibit smok-
<br />ing whip traveling or working, (2) prohibit. the building
<br />of ramp and lunch fires 6y its employees, subcontrac-
<br />iors, and their employees, within the contract area ex-
<br />cepr at establishod camps or safe camp grounds desig-
<br />nated by rho Authorized Officer, and (3) stop operations,
<br />where necessary or where required by State law or the
<br />\uthorized Officer.
<br />$ec. J. Rigbts .escrved in the Govemment - (a) Any
<br />s u;r:e~uen[ settlement, location, lease, sale, or other
<br />appropriation under the general land laws, Including
<br />by this contrmet, shall be subject to Chia contract for ao
<br />long as !t cootinuea in toll force and effect.
<br />(b) This crontract shaD be subject to the continuing
<br />right of Gawmment to use the surfatt and to 0sue
<br />leases, permits, and licenses Involving the use and
<br />occupancy at the surface, including the right to authorize
<br />geological and geophysical esplore[ion, provided that
<br />such subsequently auUforized use shall not materially
<br />interfere with Purchaser's production or removal o[ min-
<br />eral materials purchased hereunder.
<br />(c) This connect shall not interfere with or prevent
<br />the hunting end tishing on the land by any person under
<br />applicable State or Federal hunting and fishing laws and
<br />regulations, but the Authorized Officer may prohibit or
<br />restrict, or authorize Purchaser to prohibit or restrict,
<br />hunting or (Ishing on such parts at the land and for such
<br />periods as may 6e determined to be necessary to prevent
<br />arty substantial interference with the purpose of this
<br />contract.
<br />(d) Other sales within the contract area may be made
<br />of mineral materials not sold under this contract end
<br />rights-af-way and easements may be granted through such
<br />area under applicable laws and [egulalions during the
<br />period of this contract, provided such sales or grants of
<br />rights-of-way wpl not, in the jud gemmt of the Author-
<br />ized Officer, unduly inter(em with the operations of
<br />Purchaser.
<br />$ec. $. Purcbatei s rrsponsrbrlily tar damage to mineral
<br />mnterids rmt sold under tbis contact and /or otter
<br />Anmages andcosts intoned 6y lb<Government - (a) Pur-
<br />choscr shell b< liable [or damage to Government-owned
<br />mineral materials or resources oat sold under Nis ~o~-
<br />tract end for any other costs incured by Govemment,
<br />resulting from (ire originating on Ne contract area a on
<br />other lands if Purchaser, his eontractorm, subcontractors,
<br />ar employees of any of them, are directly or indirectly
<br />responsible for Ne origin of, or the failure to prevent
<br />spread oE, tiro.
<br />(b) Purchaser shall be liable for damage to Gowrm-
<br />men[ownad minerml materials or rcaourcea not sold
<br />under Nia toanact, artd for any damage suffered or costs
<br />incurred by Govemment, directly er indirectly insulting
<br />from the failum of Purchaseq his conlrmcton, subcon-
<br />trac[orm,or employees of any of Nem,to engage fn proper
<br />conserwtion practices or to'comply aith the provisions
<br />of this connacL
<br />(c) For damage to materials far which Purchaser is
<br />chazgeable under this section, it shall be required to pay
<br />niple Ne appraised wlus thereof as determined by the
<br />Authorized O[[icer, Provided, that i[ the Authorized Offi-
<br />cer determines That the damage is not [he result of alHful
<br />action or gross negligence, may change less than niple
<br />the appraised value of the mineral materials, but not less
<br />than [he appraised value.
<br />(d) Damage to land or other property o[ Govemment
<br />resulting from rights-oE-way, dams, end other improve-
<br />ments arul operations of the Purchaser shall be appraised
<br />6y the Authorized Officer and, to the extent not oQset
<br />by the value of Ne permanent improvements made by
<br />Purchaser, shell be paid for by Purchaser.
<br />(e) Any asaeasment of damages under this section,
<br />shall be paid promptly by Purchaser, upon written demand
<br />tram the Authorized Officer.
<br />Sac. 6. Constmction and maintenance of improvements:
<br />use 6y Goverranvnt o/titers and otbert - (a) Improve-
<br />ments necessary to carry out operations, such as temps,
<br />rmllreads, roads, rock quarries, telephone Ifnes, tholes,
<br />
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