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.~' <br />ID. Assienment - "Ihe Lessee, with the written consent of the Lessor, will have the right to assign this lease as to the <br />entire leasehold in leresl o(such Lessee in all or girt o(the lands covered hereby, not less, however, than Tracts of <br />approximately forty (40) acres or Govenunen(al lot corresponding to aquarter-quarter section for any partial <br />nss;gnnront, and for app;nvai of such assignment the Isssor wdl make a charge of 'fen Dollars (510.00) for any <br />one assigumeni. No assignment of undivided interests or retention or reservation of overriding royalties will be <br />recoguizeJ M approved by Lessor; ;rod the effect, if any, of any such assignments or reServationS Will He strictly <br />airs only as between the parties tllereRt, :u;J outside the terms o this lease, and no Jlsputc between parties to any <br />such assignnreN or reservation shall opcr:~te to relieve the Lessee from perfortnanec of any tttms or conditirnrs <br />hereof or to postpone the lime therefor. Lessor will at all limes he entitled to Zook solely to the Lessee or his <br />assignee shown on us books as bcinF. ^te sole. owner ImreaC, and for the sending of all notices require) by this <br />lease, and far the pcrfvrmance of ail tenor and conditions hereof. If nn assignment of This Icase, in whole or in <br />pert, is approved, a new lease will he issued to the assignee for the balance of the life of the lease, covering the <br />lands assigned. Said lease will be on the mining Icase form in use at lbe time of assignment, rout limited as to Icon <br />as sail Icase is limited, and the assignor shall be released from all further obligations, and shall be held to have <br />release) all rights and benefits lherenftcr accrui»S WIOr respect to the assigned land, as i(Ihe same had never been <br />n parr of the subject matter o(this lease. <br />I I. Pros ectin - Isssee agrees Thal while using m1J operating airy Jiamond,cbunl, or other drift nn or within orte~ <br />qquarter m1 a of said Premises, it will keelIr an accurate lug on all work so dune and lerfonned, showing geological <br />funnations penetrated, Ihe depth or tllickness o(eaclr, the mineral character of eacL, es +ecially mineral veins and <br />water bearing strata, the locahon of same, Ihe elevation, and tie to a corner eshlblishe~by U. S. surveys of some <br />legal subdivisivv, and each and every tldng accessary to make a complete log of the hole lhroughonl ds entire <br />Acptlt, a true coPY o(which sail log wiN be hurtished to the Lessor. <br />It is wtderstovd and agree) that the methods used in carrying out any program of exploration, and the rate of <br />progress of such program may be delcnnineJ by the Lessee. It the Lessee cranes nn mry program of exploration, <br />other than drilling, Lessee will submit la Lessor written reports showing the char.¢(cr anJ exicnt o(prcu{+ec(iug <br />being carried out on the leased premises anJ giving any details o[ mineral outcruF+Pings, scams, and veins which <br />may have been encountered; and Lessor agmes That during the term of this lease all such infonnatiou sir pplieJ to <br />Lessor by Lessee will remain con fidentiai and unpublisheJ so tar as consistent with law. <br />f 2. Surreu_ der airs Rclin uishmenl -The Lessee may al any lime, by paying the Stale of Color:Wo, acting Through its <br />Stale oar o v1 onunigsioners, all amounts then due as provided i;erein, surrender and cancel this lease <br />insofar as the same covers all or any portion oC Ihe lands herein leased and he relieve) Gont further obligations yr <br />liability hervmlJer witlt respect to the bouts so surrendered; provided, that no partial surrender or cancellation of <br />this lease nmy be foe Icss [Iran tracts of :q+rroximalcly forty (40) acres or Govenunentat lot corresponding to a <br />quarter-quarter section, the rental belay, rcwceJ proportionntcly' provided furthm, llnt this surrender clause earl <br />opfimn herein reserved lu Ihe Lessee wJl cease and become absofulely inopemlive inuuerlialcly and cancurrent7y <br />with the institution of any suit in airy mm't of law by the Lessee, Lessor, or any assignee of either, to enforce this <br />lease or any o[ its terms, ex mess or impplied, but in no case will surrender he effccl;ve until Lcssce has made full <br />provision for conservation o~U;e miucrals and protection o(the surface rights of Ihe leased premises. <br />All information is Pura ra hs 5 mnd~l above must have been filed with Ihe 6wrJ ncforc this lease utay be <br />terminate . <br />13. If lessee initiates or establishes :my w:ucr ri ~ht~pms. the paint of surface diversion or ground <br />water withdrawal of which is on Ihe Icaze~ premises, such right will, of We surface. rights of said premises are <br />owned by lessor, became property of lessor, without cos[, at the termination of rite Icase. <br />14. Protection a ainsl Surface DamageT Bond Re~LUire~me~nts - Lessee has the riglu to ulili>c as much of the sm(ace <br />7 i.e an s as is necessary o7 nuun;g operations, and is liable and agrees to pay for all dnnmges to livestock, <br />grouting crops, wale( wells, reServDirS, or ilnprovenlcnls, corrscd by Lessee's opera niuns on said lands. Purtheq it is <br />understood that this lease is granted subject to surface patents, deeds, and cerlificales of purchase, anJ lessee <br />assumes responsibility for all claimx arising tram damages to the surface enured by Lessee's operations on such <br />lands. II is agreed and undcrstoaJ Thal no o tcmlivns may be conunenceJ on the lands hereinabvvc Jcscribed <br />nnlfS.t ID1d IIatII II1C LCaSCe O! It IS :I5S1l;IICC IIaS ~letl a gOOJ anJ 5»f(ICICnt bOltrl WIIII IhC LCSSUf 111 an amount to be <br />fixed by Lessor, to secure the paynrenl for such damage to livestock, growing crops, wamq nr improvements as <br />may be caused by Lessee ar Ills assignee's o >emlions on said lands. The Lessor miry grant relief from the foregoing <br />Hand requitement upon application for such relief from the Lessee. <br />15. Indenmification of Lessor -The G;zsec further agrees to hold the Lessor barndess for any and all manner of <br />c aims arrsing or to ause rom the said leased premises by Lessee whether {rum soil or surface subsidence or frmn <br />any other cause or mty other ualure whatsoever, this paragraph is binding upon Lesare and u(+on (he heirs, assigns, <br />successors, and legal representatives of Lcsscq m1d is a continuing obligation during and affter the expiration of <br />this lease, sir Jong as any possibility of soil or surface subsidence remains. <br />16. Rigl~ of Removal - In Che event This Icase is teuninated by forfeiture, surrender, or Ihe expiration of term, and <br />all v hgah~'dn~ Lessee under this lease are satished, Lessee may remove all his improvements and equipment <br />(rom the said premises Within siz months (rom the date of such termination, and such removal mast be accont- <br />plislted without unnecessary waste or injury m the premrses. All improvements ;tad equipment remaining rat Ihe <br />leased premises six months after the ronni nnf ion hereof will be forfeted auto»nalicaily m the State of Colorado, <br />rvilhoul compensation. ' <br />17. CumpplianCe with law -Lessee funkier covenants and agrees that during Ihe continuance o(this Icase it will fully <br />comply wwitl~l f 11 a provisions, fcrnu, and condilivn5 Of all lows, whclltCr Slnlc or PeJcr.J, nnJ orders issued <br />(hereunder which may be in effect during Ihe continuance hereof relating to mining ur other operations of Lessee <br />hereunder. <br />18. Forfeiture - Il is agreed that i([or any mnsou the Lessee Coils to keep each and evcp• one of the covenants imrein, <br />ankh default continues far a genus of (hirty S30) days after service o(wrilteo; notice Il:ereo(by certified <br />mail upon the Lessee by the Lessor, Ihe Lessor has I to ngllt to declare this least forfeited, and to enter onto the <br />lensed premises, or any part thereof, either with or without process of law, and lv expel, remove, and put out the <br />Lessee or e1y person occupying the P'e rises, using such Corte as may be necessary to do so. In Ihe event of Ihe <br />termination n this lease by reason ul breach of [Ire covenants herein contained, the Lcssce will surreuJer anJ <br />peaceably delivec up to the Lessor the above-describe)' premises which premises are tv be in good miningg <br />condition. I(, upon lerminalion of This Tense for any reason, whether by mrrendeq (odeiave, or expiration of <br />reran, or otherwise, Lcssce has not cnnq+licd fully with the [eras of the least, Lessor will hold and retain possession <br />of Ihe property, improvements, and npn auto[ of Lessee, as security unto Lessor for (be payment v rents and <br />royalties due il, or [o protect it against ~icns, or to indenmiCy it against any Inss or Damage sustained by it by <br />reason of the default of the Lessee, for which p~rpuse Lesser is hereby given hen upm all such property, <br />improvements, and cgnipment, which lien will attach as the same are placed upon Ihe premises. In [he event <br />Lessor forecloses the (lien m this article given to it by Lessee, Lessor may itself be a purchaser al any sale thereof <br />under such foreclosure. Upon Ihe Ica minmlion of lids lease for arty Cause, if Che Lesree remains in possession of <br />said premises, he will be guilty of an uulaw(ul Detainer under the statutes in such nse made and provided, and he <br />Will ye subject lv all the conddmns and provisions (hereof and [o eviction anJ removal, forcibly or otherwise, <br />with or wil6uut process of law, as above provided. <br /> <br /> <br />