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C ~ i shall prior to the termination of bond liability or at any other time when required and in accordance with all applicable laws and regulations, reclaim all lands the surface of which has been disturbed, dispose of all debris or solid waste, repair the offsite and onsite damage caused by lessee's activity or activities incidental thereto, and reclaim access roads or trails. Sec. 11. PROCEEDINGS IN CASE OF DEFAULT - If lessee fails to comply with applicable laws, existing regulations, or the terms, conditions and stipulations of this lease, and the noncompliance continues for 30 days after written notice thereof, this lease shall be subject to cancellation by the lessor only by judicial proceedings. This provision shall not be construed to prevent the exercise by lessor of any other legal and equitable remedy, including waiver of [he default. Any such remedy or waiver shall not prevent later cancellation for the same default occurring at any other time. Sec. 12. HEIRS AND SUCCESSORS-IN-INTEREST - Each obligation of this lease shall extend to and be binding upon, and every benefit hereof shall inure to the heirs, executors, administrators, successors, or assigns of the respective parties hereto. Sec. 13. INDEMNIFICATION - Lessee shall indemnify and hold harmless the United States from any and all claims arising out of the lessee's activities and operations under this lease. Sec. 14. SPECIAL STATUTES - This lease is subject to the Federal Water Pollution Control Act (33 U.S.C. 1151-1175), the Clean Air Act (42 U.S.C. 1857 et. seq.), and to all other applicable laws pertaining to exploration activities, mining operations and reclamation, including the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et. seq.l. Sec. 15. SPECIAL STIPULATIONS - (a) CULTURAL RESOURCES. (1) Before undertaking any activities that may disturb the surface of the leased lands, lessee shall conduct a cultural resource intensive field inventory on all lands included in the lease. Lessee shall conduct the inventory in the manner specified by the authorized officer (AO) of the BLM. The inventory shall be conducted by a qualified professional cultural resource specialist (i.e., archaeologist, historian, or historical architect, as appropriate) approved by the AO of the surface managing agency (BLM if the surface is privately owned). A report of the inventory and recommendations for protecting any cultural resources identified shall be submitted to the Regional Director of the Office of Surface Mining, and the BLM AO. Lessee shall undertake measures in accordance with instructions from the Regional Director, or AO, to protect cultural resources on the leased lands. Lessee shall not commence the surface disturbing activities until permission to proceed is given by the Regional Director or the AO. 12) Lessee shall protect all known cultural resource properties within the lease area from lease-related activities until the cultural resource mitigation measures can be implemented as part of an approved mining and reclamation plan. (3) The cost of conducting the inventory, preparing reports, and carrying out mitigation measures shall be borne by lessee. (9) If cultural resources are discovered during operations under this lease, lessee shall immediately bring them to the attention of the Regional Director or the AO of the surface managing agency. Lessee shall not disturb such resources except as may be subsequently authorized by the Regional Director or the AO. Within two (2) working days of notification, the Regional Director or the AO will evaluate oz have evaluated any cultural resources discovered and will determine if any ac[ion may be required to protect or preserve such discoveries. Cost of data recovery for cultural resources discovered during lease operations shall be borne by the surface managing agency unless otherwise specified by the AO of the BLM or of the surface managing agency, if different. (5) All cultural resources shall remain under the jurisdiction of the United States until ownership is determined under applicable law. (b) PALEONTOLOGICAL RESOURCES. 111 Before undertaking any activities that may disturb the surface of the leased lands, lessee shall contact the BLM AO to determine whether lessee will be required to conduct a paleontological appraisal of the mine plan and adjacent areas, or exploration plan areas that may be adversely affected by lease-related activities. If the AO determines that one is necessary, the paleontological appraisal shall be conducted by a qualified paleontologist approved by the AO of the surface managing agency (BLM if the surface is privately ownedl, and in the manner the AO specifies. (21 Lessee shall submit an appraisal report, including recommendations for protecting any larger and more conspicuous fossils of significant scientific interest identified on the leased lands to the AO of the surface managing agency (BLM if the surface is privately owned). When necessary to protect and collect the larger and more conspicuous fossils of significant scientific interest on the leased lands, the lessee shall undertake the measures provided in the approval of the mining and reclamation plan or exploration plan. (3) Lessee shall not knowingly disturb, alter, destroy or take any larger and more conspicuous fossils of significant scientific interest, and shall protect all such fossils in conformance with the measures included in the approval of the mining and reclamation plan or exploration plan. (9) Lessee shall immmediately bring any such fossils that might be altered or destroyed by his operation to the attention of the Regional Director. Operations may continue as long as the fossil specimen(s) would not be seriously damaged or destroyed by the activity. Within five (5) working days of notification, the Regional Director shall evaluate or have evaluated such discoveries and shall notify the lessee what