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<br />Sec. 8. PROTECTION OF DIVERSE INTERESTS, AND
<br />EQUAL OPPORTUNITY -Lessee shall pay when due all
<br />[axes legally assessed and levied under the laws of the State or
<br />the United States; accord all employees complete freedom of
<br />purchase; pay all wages a[ least twice each month in lawful
<br />money of the United States; maintain a safe working environment
<br />in accordance with standard industry practices; restrict the
<br />workday to not more than 8 hours in any one day for
<br />underground workers, except in emergences; and take measures
<br />necessary to protect the health and safety of the public. No
<br />person under the age of 16 years shall be employed in any mine
<br />below the surface. To the extent that laws of the State in which
<br />[he lands are situated are more restrictive than the provisions in
<br />this paragraph, then the State laws apply.
<br />Lessee will comply with all provisions of Executive Order No.
<br />11246 of September 24, 1965, as amended, and the rules,
<br />regulations, and relevant orders of the Secretazy of Labor.
<br />Neither Lessee nor Lessee's subcontractors shall maintain
<br />segregated facilities.
<br />Sec. 9. (a) TRANSFERS -This lease may be transferred in
<br />whole or in part to any person, association or corporation
<br />qualified to hold such lease interest.
<br />Transfers of record title, working or royalty interest must be
<br />approved in accordance with the regulations.
<br />(b) RELINQUISHMENTS -Lessee may relinquish in
<br />writing at any time all rights under this lease or any portion
<br />[hereof as provided in the regulations. Upon lessor's acceptance
<br />of the relinquishment, lessee shall be relieved of all future
<br />obligations under the lease or the relinquished portion thereof,
<br />whichever is applicable.
<br />Sec. 10. DELIVERY OF PREMISES, REMOVAL OF
<br />MACHINERY, EQUIPMENT, ETC. - At such times as all
<br />portions of this lease are returned to lessor, lessee shall deliver
<br />up to lessor the land leased, underground timbering, and such
<br />other supports and structures necessary for the preservation of
<br />the mine workings on the leased premises or deposits and place
<br />all workings in condition for suspension or abandonment.
<br />Within 180 days thereof, lessee shall remove from the premises
<br />all other structures, machinery, equipment, tools, and materials
<br />that it elects to or as required by [he authorized officer. Any such
<br />structures, machinery, equipment, tools, and materials remaining
<br />on the leased lands beyond 180 days, or approved extension
<br />thereof, shall become the property of the lessor, but lessee shall
<br />either remove any or all such property or shall continue to be
<br />liable for [he cos[ of removal and disposal in the amount actually
<br />incurred by the lessor. If the surface is owned by third parties,
<br />lessor shall waive [he requirement for removal, provided the third
<br />parties do not object to such waiver. Lessee shall, prior to the
<br />termination of bond liability or at any other time when required
<br />and in accordance with all applicable laws and regulations,
<br />reclaim all lands the surface of which has been disturbed, dispose
<br />of all debris or solid waste, repair the offsi[e and onsite damage
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<br />caused by lessee's activity or activities ~i~6eident5l`~hereto, and
<br />reclaim access roads or trails. ~~~`'~
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<br />Sec. 11. PROCEEDINGS IN CASE OFDEFAULT - If lessee
<br />fails to comply with applicable laws, existing regulations, or the
<br />terms, conditions and stipulations of [his lease, and [he
<br />noncompliance continues for 30 days afer written notice thereof,
<br />this lease shall be subject to cancellation by the lessor only by
<br />judicial proceedings. This provision shall not be construed to
<br />prevent the exercise by lessor of any other legal and equitable
<br />remedy, including waiver of the default. Any such remedy or
<br />waiver shall not prevent later cancellation for [he same default
<br />occurring a[ any other time.
<br />Sec. 12. HEIRS AND SUCCESSORS - IN-INTEREST -Each
<br />obligation of this lease shall extend to and be binding upon, and
<br />every benefit hereof shall insure to, the heirs, executors,
<br />administrators, successors, or assigns of the respective parties
<br />hereto.
<br />Sec. 13. INDEMNIFICATION -Lessee shall indemnify and
<br />hold harmless the United Stales from any and all claims arising
<br />out of the Lessee's activities and operations under this lease.
<br />Sec. 14. SPECIAL STATUTES -This lease is subject to the
<br />Federal Water Pollution Control Act (33 U.S.C. 1151 - 1175);
<br />the Clean Air Act (42 U.S.C. 1857 et sec.), and to all other
<br />applicable laws pertaining to exploration activities, mining
<br />operations and reclamation, including the Surface Mining
<br />Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seg.)
<br />Sec. 15. SPECIAL STIPULATIONS:
<br />(a) Cultural Resources. (1) Before beginning any surface
<br />disturbing activities on the leased lands, lessee shall conduct a
<br />cultural resource inventory shall be conducted in accordance
<br />with the Programmatic Memorandum of Agreement regarding
<br />the Federal Coal Management Program.
<br />(2) Any future surface disturbing activities will be
<br />address by the Office of Surface Mining Reclamation and
<br />Enforcement, (OSMRE) Bureau of Land Management, and the
<br />Colorado Division of Minerals and Geology when there are
<br />any revisions to [he mine and reclamation plan that is
<br />submitted for review under the OSMRE permanent regulatory
<br />program.
<br />(b) Water. Riparian Zone. No surface disturbing activities
<br />shall be allowed within 1/8 mile of a perennial or ephemeral
<br />stream (riparian buffer zone) without the approval of BLM
<br />after consultation with the U.S. Fish and Wildlife Service.
<br />(c) Section 21, T. 13 S., R. 90 W., lies within the Gunnison
<br />National Forest and is subject [o Forest Service Stipulation 1,
<br />and Controlled Surface Use and No Surface Occupancy
<br />Stipulations. These stipulations and an appropriate map are
<br />attached to this lease.
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