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reaair and to maintain all such Citches, reservoirs, waterways
<br />and passaaewa;•s to which the water subject to the hater Rights
<br />• f]O w, at 1t5 SO Ie CGSt and '_7t ~E n=e. 0~7t1GneE fUZthEr IaO Lt-ES t0
<br />do no act during the term hereo: that would i:tp~ e mininc
<br />operations or i~pair the operating condition cf the :.l~rca Placer
<br />and to so conduct its operations as to con..°o:m to the laws of
<br />the United States of America and the Stare of Colorado, any
<br />County or r:unicipal rules, recu]ations or ordinances and any
<br />local rules and reculations of the mining district in ah_ch the
<br />Alma Placer is located and to do no act and cuff=r •i de _ault
<br />that might, in any manner, cause any damage, c airs, or
<br />liability of any nature whatsoever against the Truslt or the
<br />Alma Placer.
<br />7. Hazardous Substances. Optionee warrants and represents
<br />that it shall not generate, store, dispose of or otherwise
<br />handle any Hazardous Substance on the Alma Place in any
<br />fashion contrary to applicable law. ("Hazardous Substance"
<br />means any substance, waste or material which i deemed
<br />hazardous, toxic, a pollutant or contaminant, u~der any
<br />federal, state or local statute, law, ordinanc rule,
<br />regulation, or judicial or administrative order or ecision,
<br />now or hereafter in effect.) Optionee shall defend, 'ndemnify
<br />and hold harmless the Trust from and against any and all
<br />liability, loss, suits, claims, actions, causes of action,
<br />proceedings, demands, costs, penalties, fines and xper.ses,
<br />including without limitation attorneys' fees, con ultants'
<br />fees, and clean-up costs, resulting from the presenc_ of any
<br />Hazardous Substance on the P.lma Placec, or arising o t of the
<br />generation, storage, treatment, handling, transp rtation,
<br />disposal or release, by Optionee, of any Hazardous Sub tance at
<br />or near the Alma Placer, or arising out of any violat on(s) by
<br />Optionee, of any applicable law regarding Hazardous Su stances,
<br />caused by the acts oz omissions of Optionee, its agents,
<br />employees or servants.
<br />
<br />8. Metallic Mineral Ro alt Payments. In addl ion to,
<br />but as a cze_dit-against t e Guaranteed Min mum Rent c sled for
<br />in Paragraph No..2, Optionee agrees that it shall pay he Trus'
<br />monthly royalty payments in the amount of
<br />percent - :of .the ,gross value, in cash or in kin , at the
<br />Trust's option, of all metallic minerals (gold, silver, zinc,
<br />molybdenum, etc.) removed and recovered from the Al ?lacer
<br />based upon the prior months production. The royalty shall be
<br />computed as of the last:day of each month of operation and paid
<br />on or before the 15th of the next proceeding month, h royalty
<br />due to the Trust pursuant -to this Paragraph No. ~7 hall be
<br />offset against the Guaranteed Minimum Rent previously paid to
<br />the Trust in any one calendar year, and in the event monthly
<br />royalty payments exceed amounts previously paid in any one
<br />•
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