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j ~ • ~ ~ ' <br />' premises six months after termination hereof shall be forfeited automatically•to Lessor without compensation and <br />without necessity of execution of additional documents. <br />24. CONDEMNATION - If the leased land shall be taken in any condemnation proceeding, this lease shall <br />automatically terminate as of the date of taking. The awazd for such condemnation shall be paid to Lessor, except <br />for any specific awazd(s) paid to Lessee for severed minerals reserves, in which event a percent of such specific <br />awazd(s) equal to royalty shall be paid to Lessor in lieu of royalty lost by virtue of the condemnation. <br />Improvements shall be removed by Lessee per terms in the Right of Removal pazagraph herein. If only a portion <br />of the leased land is taken by condemnation, Lessee may, at its option, terminate this lease or terminate ordy that <br />portion of the lease so taken. <br />25. FORFEITURE BY DEFAULT - It is agreed that if for any reason Lessee shall fail to keep each and every none <br />of the covenants herein, and such default shall continue for a period of thirty (30) days after service of certified, <br />written notice thereof upon Lessee by Lessor, this lease shall be canceled without further notice and Lessor shall <br />have the right to enter onto the teased premises, or any part thereof, either with or without process of law, and <br />to expel, remove and put out Lessee or any person occupying the premises, using such force as may be necessary <br />to do so. <br />In the event of the termination of this lease by reason of breach of the covenants herein contained, <br />Lessee shall surrender and peaceably deliver up to Lessor the above~escribed premises, and such premises shall <br />be in good. condition. If, upon termination of this lease for any reason, whether by surrender, forfeiture, <br />expiration of term, or otherwise, Lessee shall not have fully complied with the terms of this lease, Lessor shall <br />hold and retain possession of the property, improvements, and equipment of Lessee, as security unto Lessor for <br />the payment of rents and royalties due it or to protect it against liens, or to indemnify it against any loss or <br />damage sustained by it by reason of the default of Lessee, for which purpose Lessor is hereby given a lien upon <br />all such property, improvements, and equipment, which lien shall attach as the same aze placed upon the <br />premises. In the event Lessor shall foreclose the lien in this Article given to it by Lessee, Lessor may itself be <br />a purchaser at any sale thereof under such foreclosure. Upon the termination of this lease for any cause, if <br />Lessee shall remain in the possession of said premises, it shall be guilty of an unlawful detainer under the statutes <br />in such case made and provided and he shall be subject to all the conditions and provisions thereof and to eviction <br />and removal, forcibly or otherwise, with or without process of law, as above provided. <br />26. `OTHER MATERIALS NOT INCLUDED IN THIS LEASE - In the event the material mined under this lease <br />is found to contain ores or mineral substances of value, Lessor reserves the right to Lease this land for the removal <br />of such ores or substances and Lessee herein mentioned agrees to forego the removal of materials until they have <br />been first processed far such ores or mineral substances, if requested to do so by Lessor. <br />27. ARCHAEOLOGY - It is contrary to State and Federal law to excavate, appropriate or disturb any historical, <br />prehistorical or azchaeological site or resource on any public lands or lands administered by the State Boazd of <br />Land Commissioners. Discovery of a suspected site or resource shall be immediately brought to the attention <br />of Lessor and the State Archaeologist of Lessee shall provide evidence that no significant azchaeological sites exist <br />on the leased premises which could be destroyed by Lessee's operations. <br />28. LIENS AND CLAIMS -Lessee shall not suffer or permit to be enforced against the leased premises, or any part <br />thereof, or any improvements thereon, any liens arising from, or any claim for damage growing out of the work <br />of any construction, repair, restoration, replacement or improvement, or any other claims or demand howsoever <br />the same may azise, but Lessee shall pay or cause to be paid all of said liens, claims, of demands before any <br />action is brought to enforce the same against the leased premises or improvements. Lessee agrees to defend; <br />indemnify and hold Lessor and the leased premises free and harmless from all liability for any and all such liens, <br />claims, demands, and actions together with reasonable attorney fees and all costs and expenses in connection <br />therewith. Lessee shall, upon execution of this lease at its cost, prepaze a Notice, pursuant to C.R.S. § 38-22-105 <br />and cause the same to be posted for the purpose of protecting Lessor against any liens or encumbrances upon the <br />leased premises by reason of work, Labor, services or material contracted for or supplied to Lessee. <br />6 <br />