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GENERAL52638
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Last modified
8/24/2016 8:38:27 PM
Creation date
11/23/2007 7:55:17 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1980007
IBM Index Class Name
General Documents
Doc Date
2/23/2005
Doc Name
Lease Terms & Conditions Readjusted CO-0117192
From
US BLM
To
Mountain Coal Company, LLC
Permit Index Doc Type
Other Permits
Media Type
D
Archive
No
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lease or any portion thereof as provided in the <br />regulations. Upon lessor's acceptance of the <br />relinquishment, lessee shall be relieved of all <br />future obligations under the lease or the <br />relinquished portion thereof, whichever is <br />applicable. <br />Sec.10. DELIVERY OF PREMISES, REMOVAL OF <br />MACHINERY, EQUIPMENT, ETC. - At such time as all <br />portions of this lease are returned to lessor, <br />lessee shall deliver up to lessor the land <br />leased, underground timbering, and such other <br />supports and structures necessary for the <br />preservation of the mine workings on the leased <br />premises or deposits and place all workings in <br />condition for suspension or abandonment. Within <br />180 days thereof, lessee shall remove from the <br />premises all other structures, machinery, <br />equipment, tools, and materials that it elects <br />to or as requized by the authorized officer. <br />Any such structures, machinery, equipment, <br />tools, and materials remaining on the leased <br />lands beyond 180 days, or approved extension <br />thereof, shall become the property of the <br />lessor, but lessee shall either remove any or <br />all such property or shall continue to be liable <br />for the cost of removal and disposal in the <br />amount actually incurred by the lessor. If the <br />surface is owned by third parties, lesson shall <br />waive the requirement for removal, provided the <br />third parties do not object to such waiver. <br />Lessee shall prior to the termination of bond <br />liability or at any other time when required and <br />in accordance with all applicable laws and <br />regulations, reclaim all lands the surface of <br />which has been disturbed, dispose of all debris <br />or solid waste, repair the of £site and onsite <br />damage caused by lessee's activity or activities <br />incidental thereto, and reclaim access roads or <br />trails. <br />THE UNITED STATES OF <br />By <br />lessee fails to comply with applicable laws, <br />existing regulations, or the terms, conditions <br />and stipulations of this lease, and the <br />noncompliance continues for 30 days after <br />written notice thereof, this lease shall be <br />subject to cancellation by the lessor only by <br />judicial proceedings. This provision shall not <br />be construed to prevent the exercise by lessor <br />of any other legal and equitable remedy, <br />including waiver of the default. Any such <br />remedy or waiver shall not prevent later <br />cancellation for the same default occurring at <br />any other time. <br />Sec.12. HEIRS AND SUCCESSORS-IN-INTEREST - Each <br />obligation of this lease shall extend to and be <br />binding upon, and every benefit hereof shall <br />inure to the heirs, executors, administrators, <br />successors, or assigns of the respective parties <br />hereto. <br />Se0.13. INDEMNIFICATION - Lessee shall indemnify <br />and hold harmless the United States from any and <br />all claims arising out of the lessee's <br />activities and operations under this lease. <br />Sec.14. SPECIAL STATUTES - This lease is subject <br />to the Federal Water Pollution Control Act (33 <br />U.S.C. 1151-1175), the Clean Air Act (42 U.S.C. <br />1857 et. seq.), and to all other applicable laws <br />pertaining to exploration activities, mining <br />operations and reclamation, including the <br />Surface Mining Control and Reclamation Act of <br />1977 (30 U.S.C. 1201 et. seq.). <br />Sec.15. SPECIAL STIPULATIONS - This lease is <br />subject to U.S. Forest Service stipulations, <br />including Form 3109-3 and Supplements C, D, and <br />F which are attached to and made a part of this <br />readjusted lease. <br /> <br />~JR`pe~Uty State Di~yre/cton, Colorado <br />Da t e_: (/// ~ / U V <br />
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