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10/18/Ol 22:52 FA% ~ 08 24. BOIL - It is agreed that ao operations are to be commeaad on the ]ands herein described unless and until Lessee or Lessee's agent has filed a good and sufficient bond with Lessor is an amount fixed by Lessor, to wane the paytaeat for damages caused by Ipssee's or Lessee's agem's operadoas oa said lands. Irssor reserves the right m great relief from the foregoing bond req;rireateata. Lessor may require such bond to be held in full force sad effect for one year after.cessa6on of operations for which the bond was intended. This requirement may be waived is favor of the requirements of the Division of Minerals and Geology. ~ . 25. WATBR -1f Lessee initiates or establishes any, water rights for whidt the point of surface diversion or ground water withdrawal is ten the leased premises. title to such water rights shall, upon r~;*s~=oa of the lease, become the property of the surface owner without cost, sad title m the water rights shall be comroyed m the surfiee owner immediately upon termination, except that if Lessor is the surfacx caner the watertight shall be taken is the name of Lessor in the fast instance sod shall be the property of LGVSOr withoot that. ~ t i 26. SURRBNDfiR~AND RSLIIVOULSHLVIENf -Lessor may. at any time, by PBY+nB m I:essor. all timouats rhea due as provided herein, surrender and cancel this lease insofar as the same. covers aU ;or any portion of the leads herein leaved and be relieved from further obligatioav or liability haetrad~r with respect to the leads so surxeoderod; Provided that no partial surrender or caacrllation of this lease shall be for Les than tracts of approximately forty (4ln acres or govesrtmeatal lot mrrespoading m a 4uatter~uarter seetian, the rental being trdttead pmportionatrly. This surrender c]anse and apfion herein reserved to Lessee shall cease and bernme absolutely inoperative ~iately and mnetareatly with the institrrtioa of any suit in any court of law.by Lessee, Lessor or arty assignee of either to rnforce this lease, or any of its terms, express or implied, hilt in no case shall surrender be effective until lessee shall have made full provision for conservation'. of the . minerals sad protection of the surface rights of the leaved premiss as may be ~rtrrmined by Lessor. Notwithstanding the foregoing, ao surrender and relinquishment of this lease shall be effective unless and uad7 all reports, doctmmeNS and information of nay kind required m be submitted to Lessor under this lease, or to such state agencies as provided in this leave have been submitted m lessor or such state agency. 27. RIGHT OF REMOVAL - In the event this lease is terminated by surreada, or the expiration of its term, and all obligations of lessee soda this lease ere satisfied, all lessee's improvements, oquipmeot, man-made objects of say type, including stockpiles cad dumps except as dtae stock piles sad dumps taay be disposed of ptusoaat to the reclamation plan, shall be removed from the leased premises within six months from the date of such lamination at Lessee's ezpenve. Such removal is to be accomplished without „~*~sary waste or datttage to the premises and Lessee shall resmre the surface of the issued premises m the same condition as immediately prior to the execution of this lease as it pertains to sash removal. All improvemetna sad equipareat remaining on the leased pmnis>e4v sk montits after the termination hereof shall be forfeited atm++~-+~»y to Lessor without wmpetrsation and without necessity of exeauion of additional documents. 28. CONDEMNATION - If the leased land shall be taken in any condemnatiaa proceeding, this lease shall auta~matically tPrm~n~ as of rbe date of taking. The award for such candemastioa shall be paid to Lessor, except for any specific award(s) paid m Lessee for severed minerals reserves. in which event Page Z of 9 =r ~.