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<br />Sec. 6. DOCUMENTS. EVIDENCE AND INSPECTION - At such times and
<br />in such form as lessor may prescribe, lessee shall furnish detailed
<br />statemenu showing the amounts end quality of all products removed
<br />end sold from the lease, the proceeds therefrom, and the amount used
<br />for production purposes or unavoidably lost.
<br />Lessee shall keepopen at all reasonable times for the inspection of any
<br />duly a uthorized officer of lessor. the leased pram ices and el I surface and
<br />underground improvements, works, machinery, ore stockpiles. equip-
<br />ment,and all books. accounts, me ps, and records relative to operations.
<br />surveys, or investigations tin or under the leased lands.
<br />lessee shall allow lessor access to and copying of documents reason-
<br />ablynecessary to verity lessee Compliance with terms and conditions of
<br />the lease.
<br />While this lease remains in effect. information obtained under this
<br />section shall be closed to inspection by [he public in accordance with
<br />the Freedom of Infarmauon Act 15 U.S.C. 553i.
<br />Sec. ~. DAMAGES TO PROPERTY ANO CONDUCT OF OPERATIONS -
<br />Lesseeshall Comply ants own expense with all reasonable orders of the
<br />Secretary, respecting diligent operations, prevention of waste. and
<br />protection of other resources.
<br />Lessee shat l not cond uct ex ploration operations, other than casual use.
<br />without an approved exploration plan. All exploration plans prior m
<br />the commencement of mining operations within an approved mining
<br />permit area shell be submitted to the authorized officer.
<br />Lessee shall cam on all operations in accordance with approved
<br />methods and practices as provided in the operating regulations. having
<br />due regard forthe prevention of injury to life, health, or property, end
<br />prevention of waste, damage or degradation to any land, air, water.
<br />cultural, biological, visual, and other resources, including mineral
<br />deposits and formations of mineral deposits not leased hereunder, and
<br />to other lend uses or users. Lessee shall take measures deemed
<br />necessary by lessor m accomplish the intent of this lease teen. Such
<br />measures may include, but are not limited to. modification to proposed
<br />ailing or design of facilities, timing ofoperations, and specification of
<br />interim end final reclamation procedures. Lessor reserves to itself the
<br />right to lease. sell, or otherwise dispose of [he surface or other mineral
<br />deDOSits in the lands and the right to continue existing uses and to
<br />authonze future uses upon or in the leased lands, including issuing
<br />leases for mineral deposits not covered hereunder and approving
<br />easements orrights-of-way. Lessor shall condition such uses to prevent
<br />unnecessary or unreasonable interference with rights of lessee as may
<br />be consistent with concepts of multiple use and multiple mineral
<br />development.
<br />Sec. H. PROT'cCT:CN OF DIVERSE INTERESTS. AND EQUAL OPPORTU-
<br />NITV -Lessee shall: pay when due all taxes legally assessed and levied
<br />under the laws of the State or the United States; accord all employees
<br />complete freedom of purchase: pay all wages at lease twice each month
<br />in lawful money of the United States: maintain a safe working
<br />environment in accordance with standard industry practices; restrict
<br />the workday to no[ more than 9 hours in any one day for underground
<br />workers. except in emergencies; and to ke measures necessary to protect
<br />the health and safety o(the public. No person 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 lands ere situated are more restnctive
<br />than the provisions in this paragraph. then the State laws apply.
<br />Lessee will comply with all provisions of Executive Order No. 11'_'96 of
<br />September 2a. 1565. as amended. and the rules, rrgulations, and
<br />relevant orders of the Secretary of Labor. Neither lessee nor lessee's
<br />subcontractors shall maintain segregated facilities.
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<br />Sec. 9. cal TRANSFERS
<br />1~ This lease may be vanaferred 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 pan m another
<br />puhlic body or to a person who will mine the coal on behalf of, and
<br />for the use of, the public body or to a person who for the liaitted
<br />purpose of creating a secunty interest in favor of a lender agrees
<br />to be obligated to mine the mat on behalf of the public body.
<br />^ This lease may only be vansferred in whole Orin panto another
<br />small business qualified under 13 CFR 12f.
<br />Transfers of record title. working or royalty interest must be
<br />approved in accordance with the regulations.
<br />tbl RELINQUISHMENT -The lessee may relinquish in writing at any
<br />time all rights under [his leaseor any portion thereo(as provided in the
<br />regulations. Upon lessor's ameptance of the relinquishment. !asses
<br />shall be relieved of all future obligations under the lease or the
<br />relinquished portion thereof, whichever is applicable.
<br />Sec. !0. DELIVERY OF PREMISES. REMOVAL OF MACHINERY. EQUIP-
<br />MENT, ETC. - At such time as all portions o(this lease are returned to
<br />lessor. lessee shall deliver up to lessor the land leased, underground
<br />timbering. and such ocher supports and structures necessary for the
<br />preservation of [he mine workings on the leased premises or deposits
<br />and place all workings in condition for suspension or abandonment.
<br />Within I80 days thermt, lessee shall remove from the premises all other
<br />structures, machinery. equipment, tools, and materials that it elects to
<br />or as required by the authorized officer. Any such structures. ma~
<br />chinery, equipment. tools, and materials remaining on the leased lands
<br />beyond IBO days, or approved extension thereof, shall become the
<br />properly of the lessor. but lessee shall 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 incurted by [he lessor. if the surface is
<br />owned by third parties, lessor shall waive the requirement for removal,
<br />provided the third parties do not object to such waiver. Lessee shall.
<br />poor m the termination of bond liability or at any other time when
<br />required and in accordance with all applicable laws and regulations,
<br />reclaim all lands the surface ofwhich has been disturbed, dispose of all
<br />debris or solid waste, repair the oftsiu and onsite damage caused by
<br />lessees activity or activities incidental thereto, and reclaim access
<br />roads or trails.
<br />Sec. l 1. PROCEEDINGS IN CASE OF DEFAULT - I(lessee fails to comply
<br />with applicable laws. existing regulations, or the terms, conditions and
<br />sti pulations of this lease, and the noncompliance continues for ~10 days
<br />after written nonce thereof, this lease shall be su bject to cancellation by
<br />the lessor only 6y Judicial proceedings. This provision shall not be
<br />construed to prevent the exercise by lessor of any other legal and
<br />egm[ahle remedy. including waiver of the default. Any such remedy or
<br />waiver shall not prevent later cancellanun for the same default
<br />occurring at any other time.
<br />Sec. !'?. HEIRS AND SUCCESSORS-IN-INTEREST -Each obligation of
<br />this lease shall extend to and be binding upon. and every benefit hereo f
<br />shall inure to, the heirs. executors, administrators, successors, or
<br />assigns of the respective parties hereto.
<br />Sec. 13. INDEMNIFICATION -Lessee shall indemnify and hold harmless
<br />[he United States from any and all claims arising out of the lessees
<br />activities and operations under this lease.
<br />Sec. la. SPECIAL STATUTES-This lease is subject to the Federal R'a[er
<br />Pollution Control Act i33 U.S.C. ll~l-I1T~il, the Clean Air Act t4'?
<br />U.S.C. 1857 et. seq.I. and to all other applicable laws pertaining to
<br />exploration activities. mining operations and reclamation, including
<br />the Surface Mining Control and Reclamation Act of 1917 i30 L'.S.C.
<br />1201 e1. seq.l.
<br />Sec. 15. SPECIAL STIPULATIONS- SPECial stipulations (a) Cultural Resources, (b) Wildlife, and
<br />(c) Endangered Species Act are attached to and made a part of coal lease COC 51551.
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