|
i .
<br />lease, Lessor shall hold and retain possession of.the.property, improvements, and equipment of Lessee,
<br />as security unto Lessor for the payment of rents and royalties due it or to protect it against liens, or to
<br />indemnify it against any loss or damage sustained by it by reason of the default of Lessee, for which
<br />purpose Lessor is hereby given alien upon all such property, improvements, and equipment, which lien
<br />shall attach as the same are placed upon the premises, In the event Lessor.shall foreclose the lien.in this
<br />Article given to it by Lessee, Lessor may itself be a purchaser at any sale thereof under such foreclosure.
<br />Upon the termination of this lease for any cause, if Lessee shall remain in the possession of said premises,
<br />it shall be guilty of an unlawful detainer under the statutes in such case made and provided and he shall
<br />be subject to all the conditions and provisions thereof and to eviction and removal, forcibly or otherwise,
<br />with or without process of law, as above provided.
<br />25. OTHER ME\TERIALS NOT INCLUDED IN THIS LEASE -- In the event the material mined under this
<br />lease is found to contain ores or mineral substances of value, Lessor reserves the right to lease this land
<br />for the removal of such ores or substances attd Lessee herein mentioned agrees to forego fhe removal of
<br />materials until they have been first processed for such ores or mineral substances, if requested to do so
<br />by Lessor.
<br />26. ARCHAEOLOGY -- It is contrary to State and Federal law to excavate, appropriate or disturb any
<br />historical, prehistorical or azchaeologica] site or resource on any public lands or lands administered by
<br />the State Board of Land Commissioners. Discovery of a suspected site or resource shall be immediately
<br />brought to the attention of Lessor and the State Archaeologist of Lessee shall provide evidence that no
<br />significant archaeological sites exist. on the leased premises which could be destroyed .by Lessee's
<br />operations.
<br />27. . LENS AND CLAIMS -Lessee shall not suffer or permit to be enforced against the leased.premises, or .
<br />arty part thereof, or any improvements thereon,:any liens azising from; or any, claim fot damage, growing
<br />out,of the vioi:k of any construction, repair; restoration; replacement or.improvement; or any:other;claims
<br />or de;nand. howsoever the same: may arise, but Lessee shall pay or. cause to be .paids~l4of said~Ii~ns,
<br />claims;<or demands before any action is brought to enforce the same against the legsed~prej»ises~9r _..
<br />improvements. Lessee agrees to defend, indemnify and hold Lessor and the leased'premises~¢oE gird
<br />harmless from all liability for any and all such liens, claims, demands; and actions-tiig~tth2f fci~t
<br />reasonable attorney fees and all costs and expenses in connection therewith. Lessee shh1F, upon execution
<br />of this lease at its cost, prepare a Notice, pursuant to C.R.S. § 38-22-]OS and cause the"same.to-be p~sfed
<br />for the purpose of protecting Lessor against any liens or encumbrances upon the ]eased premises by. reason
<br />of work, labor, services or material contracted for or_supplied to Lessee.: _::,,
<br />., :
<br />28. TAXES -- Lessee shall pay all taxes, or payments in lieu of taxes, lawfully assessed' for the leased
<br />premises or improvements thereon. - - ~
<br />29. HEIRS AND SUCCESSORS IN 1NTEREST -The benefits and obligations of this lease shall extend to
<br />and be binding upon the heirs, executors, administrators, successors, or assigns of the respective parties
<br />hereto. , . .
<br />IN INTEREST -- The benefits and obligations of this lease shall.extend to and be.binding upon the heirs,
<br />executors, administrators; successors, or assigns of the respective parties hereto.. . •... .: .
<br />Page 7 of 8
<br />
|