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<br />reseed all areas where roads and stockpiles have existed unless the <br />reclamation plan calls for hills or berms in those areas. <br />!. PERMITTING. The Lessee will be solely responsible for all <br />costs of obtaining the necessary permits for its proposed <br />operations, all costs of its mining operations and reclamation <br />activities. In the event the approval of Weld County or the <br />M.L.R.B. is denied or the permit is not obtained within 270 days <br />after the signing of this agreement, this agreement shall be null <br />and void and all parties released from further obligations <br />hereunder, and the earnest money refunded. However, if it can be <br />shown that the Lessee was negligent in obtaining the required <br />permits, then the earnest money is then non-refundable. <br />9.a. Every effort will be made to insure that the permitting <br />processes are being accomplished in a timely manner so as not <br />to delay future mining or operations. <br />10. E%ECIITION AND RECORDATION OF MEMORANDUM OF LEASE. Upon <br />execution of this lease the parties shall execute, have <br />acknowledged and record a memorandum of the lease in the form <br />attached hereto as Exhibit B. <br />31. RATER RIGHTS. The Lessor will provide that portion of the <br />historical water rights associated with the property which are <br />required for a Plan for Augmentation to replace out of priority <br />depletions caused by Lessee's mining operation and a reclamation <br />plan, including the evaporation caused by Lessee's reclamation <br />plan. If the Lessor's historical water rights are not adequate, <br />any additional water rights shall be furnished by the Lessor, at <br />Lesso:r's expense. The Bonus Ditch shall not be used in the plan <br />for augmentation. <br />12. INSURANCE. The Lessee agrees to indemnify and save Lessor <br />harmless from and against all liability, damages, and judgements <br />arising from injury during the term of this lease by activities, <br />acts or omissions of Lessee. Lessee shall further defend and hold <br />and save the Lessor harmless from any civil or criminal claim <br />again:at violation of conditions of any such permits or licenses or <br />claim:a of damages or loss for personal injuries or otherwise. <br />To secure its obligation for protection against claims which <br />may be asserted against Lessor, Lessee agrees to maintain in full <br />force and effect during the term of this Lease agreement workmen's <br />compensation insurance and liability insurance in a form approved <br />by Lessor in a reputable insurance company authorized to do <br />busing>_ss in the State of Colorado for a minimum coverage of at <br />least $1,000,000.00 <br />13. NON-INTERFERENCE. The Lessor shall have the right to mutual <br />ingre::s and egress upon said premises and shall retain all right, <br />title and interest therein not specifically granted to the Lessee <br />e:\.pSlmn.muo.e.qu 4 <br />