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• <br />Sec. 6. DOCUMENTS. EVIDENCE AND INSPECTION - AL such times end <br />in such form es lessor may prescribe, lessee shall furnish detailed <br />statements showing the amounts end quality of all products removed <br />end sold from the lease, the proceeds therefrom, end the amount used <br />(or production purposes or unavoidably last. <br />Lessee shell keep open et all reasonable times for the inspection of any <br />duly authorized officerof lessor, the leased premises and all surface and <br />underground improvements, works, machinery, ore stockpiles, equip <br />men t, and all books, eccounLS, maps, end records relati ve b operations, <br />surveys, or investigations un or under the leased lands. <br />Lessee shell allow lessor access to end copying of documents reason- <br />ablynecessary to verify lessee compliance with terms end conditions of <br />the lease. <br />While this 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 (5 U.S.C. 55'l). <br />Sec. 7. DAMAGES TO PROPERTY AND CONDUCT OF OPERATIONS - <br />Lessee steel (comply et its own expense with all reasonable orders of the <br />Secretary, respecting diligent operations, prevention of waste, end <br />protection of other resources. <br />Lessee shall not conduct exploration operations. other then casual use, <br />without en approved exploration plan. All exploration plans poor to <br />the commencement of mining operations within en approved mining <br />permit area shell be submitted to the authorized offittr. <br />Lesser shall carry on ell operations in accordance with approved <br />methods and practices es provided in the operating regulations, having <br />due regard (or the prevention of injury to life, health, or property, and <br />prevention of waste, damage or degradation to any lend, air, water, <br />cultural, biological, visual, and other resources, including mineral <br />deposits and formations o(minerel deposits not leased hereunder, end <br />to other lend uses or users. Leases shall take measures deemed <br />necessary by lessor to accomplish the intent of this lease term. Such <br />measures may include, but ere not limited to, modification to proposed <br />siting or design of facilities, timing of operations, and specification of <br />interim end final reclamation procedures. Leaeor reserves to itself the <br />right to lease, sell, or otherwise dispose o(the surface or other mineral <br />deposits in the lands end the right to continue existing uses end to <br />authorize future uses upon or in the leased lends, including issuing <br />leases (or mineral deposits not covered hereunder and approving <br />easements or rights-o(-way. Lessor shall condition each ueea to prevent <br />unnecessary or unreasonable interference with rights of lessee es may <br />be consistent with concepts of multiple use end multiple mineral <br />development. <br />Sec. R. PROTECTION OF DIVERSE INTERESTS, AND EQUAL OPPORTU- <br />NITY-Lessee shall: pay when due ell taxes legally assessed end levied <br />under the laws of the Slate or the United States: accord all employees <br />coin plate freedom of purchase; pay ell wages et lease twice each month <br />to lawful money of the United Stetea: maintain a safe working <br />environment in accordance with standard industry practices: restrict <br />the workday to not more then B hours in any one day for underground <br />workers, except in emergencies; end take measures necessary to protect <br />the health and safely of the publ ic. No pereon under the age of I6 years <br />shall be employed in any mine below the surface. To the extent that <br />laws of the State in which the Isnds ere situated ere more restrictive <br />then the provisions in this paragraph, then the State laws apply. <br />Lessee will comply with all provisions of Executive Order No. 11246 of <br />September 24, 1965, ee emended, end the rules, regulations, and <br />relevant orders of the Secretary of Labor. Neither lessee nor lessee's <br />subcontractors shell maintain segregated facilities. <br /> <br />Sec. 9. (e) TRANSFERS <br />® Thie lease may be transferred in whole or in part to any person, <br />association or corporation qualified to hold such lease interest. <br />^ This lease may be transferred in whole or in part to another <br />pu blic body or to a pereon who will mine the coal on behalf of, a nd <br />(or the use of, the public body or to a person who for the limited <br />purpose of creating a security in teresl in favor of a lender agrees <br />to be obligated to mine the coal on behalf of the public body. <br />^ This leeee may only be transferred in whole or in part to another <br />small business qualified under 13 CFR ]21. <br />Transfers of record title, working or royalty interest must be <br />approved in accordance with the regulations. <br />Ibl RELINQUISHMENT -The lessee may relinquish in writing el any <br />time all rights under this lease or any portion thereof es provided in the <br />regulations. Upon leesor'e acceptance of the relinquishment, lessee <br />shall be relieved of all future obligations under the lease or the <br />relinquished portion thereof, whichever is applicable. <br />Sec. 10. DELIVERY OF PREMISES. REMOVAL OF MACHINERY. EQUIP- <br />MENT. ETC. - At such lime ee all portions o(thie lease are returned to <br />lessor, lessee shall deliver uD to lessor the land leased, underground <br />timbering, end each other eupporte and etructuree necessary for the <br />preservation of the mine workings on the leased premieee or deposits <br />end place all workings in condition for suspension or abandonment. <br />Within 180 days thereof, lessee shell remove from the premieee el I other <br />structures, machinery, equipment, tools, end materials that it elects to <br />or as required by the authorized officer. Any such etructuree, ma- <br />ch i nary, equipment, tools, and materiels remaining on the leased lends <br />beyond I80 days, or approved extension thereof, shell become the <br />property of the lessor, but lessee shell either remove any or all such <br />property or shall continue to be liable for the cost of removal and <br />disposal in the amount actually incurred by the lessor. If the surface is <br />owned by third parties, lessor steel I waive the requirement (or removal, <br />provided the third parties do not object lu such waiver. Lessee shall, <br />prior to the termination of bond liability or at any other ttme when <br />required end in accordance with ell applicable laws end regulations, <br />reclaim ell lends the surface of which has been disturbed, dispose o(all <br />debris or solid waste, repair the offsile end onsite damage caused by <br />lessee's activity or activities incidental thereto, end reclaim access <br />roads or trails. <br />Sec. 11. PROCEEDINGS IN CASE OF DEFAULT - If lessee fails to comply <br />with applicable laws, existing regulations. or the terms, conditions and <br />eti potations of this lease, end the noncompliance Conti noes fur 30 days <br />after written notice thereof, this lease shall be subject to cancellation by <br />the lessor only by judicial proceedings. This provision shell not be <br />construed to prevent the exercise by lessor oC any other legal end <br />equitable remedy, including waiver of the default. Any such remedy or <br />waiver shell not prevent later cancellatton for the same default <br />occurring et any other time. <br />Sec. l2 HEIRS AND SUCCESSORS-IN-INTEREST -Each obligation of <br />th is lease steal I extend to end be binding upon, and every benefit hereof <br />shall inure to, the heirs, executors, administrators. successors, or <br />assigns of the respective parties hereto. <br />Sec. 13. INDEMNIFICATION - Leaeee shall indemnify and hold harmless <br />the United States from any end all claims arising out of the lessee's <br />activities end operations under this lease. <br />Sec. 14. SPECIAL STATUTES-This lease is subject to the Federal Water <br />Pollution Control Act (33 U.S.C. 1151-1175), the Clean Air Act f42 <br />U.S.C. 1857 et. eeq.l. end to ell other applicable laws pertaining to <br />exploration activities, mining operations end reclamation, including <br />the Surface Mining Control end Reclamation Acl of 1977 (30 U.S.C. <br />1201 et. eeq.l. <br />Sec. IS. SPECIAL STIPULATIONS- This lease is subject to special stipulations (a) Cultural Resources, <br />(b) Paleontological Resources, (c) Threatened and Endangered Species, (d) Wildlife, (e) Water, <br />and (f) State Highway Right-of-Way which are attached to and made a part of this lease. <br />