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Page 2 of 4 <br />Sec. 6. DOCUMENTS, EVIDENCE AND INSPECTION • At such times end <br />in such form as lessor may prescribe, lessee shall furnish detailed <br />statements showing the amounts end quality of sll products removed <br />and sold from the lease, the proceeds therefrom, and the amount used <br />for production purpose or unavoidably loot <br />~tasee shall keep open at a II reasonable times for the inspection of any <br />my authorized officer oC lessor, the leased premise and ell surface end <br />underground improvements, works, machinery, ore stockpiles, equip- <br />ment, and all books, accounts, mope, and records relative to operations, <br />surveys, or inveetigetione on or under the leased lends. <br />Sec. 9. (al TRANSFERS <br />® Thie lease may be transferred in whole or in part to any person, <br />association or rnrporetion qualified W hold such lease inureL <br />^ This lease may be transferted in whale or in part to another <br />public body or to a pereon who will mine the rnal on behalf of, and <br />for the use ot, the public body or to a pereon who for the limited <br />purpose of creating a security interest in favor o[ a lender agrees <br />to be obligated to mine the coal on behalf of the public body. <br />^ Thie lease may only be tranaterred in whole or in part to enoNer <br />small business qualified under 13 CFR 121. <br />I.eeaee shall allow lessor eccee to and Copying of documents reaeon- <br />ebly necesary to verify lessee compliance with terms end conditions of <br />the lease. <br />While this lease remains in effect, information obtained under this <br />section shall be closed Lo inspection by the public in eccordanee with <br />the Freedom of Information Act (5 U.S.C. 552}. <br />See. 7. DAMAGES TO PROPERTY AND CONDUCT OF OPERATIONS - <br />Leeaee shat] rnmply stirs own expense with ell reasonable orders of the <br />Secretary, repecting diligent operations, prevention of waste, and <br />procecrion of other resources. <br />Lessee shell not conduct exploration operations, other than casual use, <br />without en approved exploration plan. All exploration plane prior m <br />the commencement of mining operations within an approved mining <br />permit area shall be submitted to the authorized officer. <br />Lessee shall carry on s11 operations in accordance with approved <br />methods and practices ea provided in the operating regulations, having <br />due regard for the prevention of injury to life, health, or property, and <br />prevention of waste, damage or degradation to any land, err, water, <br />cultural, biological, visual, and other resources, including mineral <br />deposits and formations of mineral deposits not leased hereunder, end <br />to other land uses or assn. Lessee shall take measures deemed <br />necessary by lessor to accomplish the intent of this lease term. Such <br />measures may include, but ere not limited to, modification to proposed <br />-siting or design of facilities, timing of operations, end specification of <br />~terim and Shat reclamation procedures. Lessor reserves to itself the <br />~ght to lases, sell, or otherwise dispose of the surface or other mineral <br />deposits is the lands end the right to continue existing uses and to <br />suthorize future uses upon or in the leased lends, including issuing <br />leash !or mineral deposits sot covered hereunder and approving <br />Basemen is or rightsvf--way. Lessor shall condition such uses to prevent <br />unnecesary or unreasonable interference with rights of lessee es may <br />be consistent with concepts of multiple use and mu]tiple mineral <br />developmea~ <br />Sec. 8. PROTECTION OF DIVERSE INTERESTS, AND EQUAL OPPORTU- <br />NITY -Lessee shall : pay when due ell lazes legally asaesed and levied <br />under the laws of the State or the United States; accord all employees <br />complete freedom otpurcheae; Day all wages at lease twice each month <br />in lawful money of the United States: maintain a sate working <br />environment in accordance with standard industry practices; restrict <br />the workday to not more than 8 hours in any one day for underground <br />workers, ezcept in emergencies; and take measure necessary to protect <br />the health sad ealety of the public. No person under the age of 16 yeah <br />shall be employed in any mine below the surface. To the extent that <br />laws of the State in which the lands are situated ere more restrictive <br />than the provisions in this paragraph, then the State laws apply. <br />Lessee wilt rnmp]y with all provisions of£xecutive Order No. 11246 of <br />September 24, 1%5, as amended, end the rules, regulations, and <br />relevant orders of the Secretary of Labor. Neither lessee nor lessee's <br />subcontractors shell maintain segregated facilities. <br />Sec. 15. SPECIAL STIPULATIONS - <br />Transfers of record title, working or royalty interest must be <br />approved in accordance with the regulations. <br />(b) RELINQUISHMENT -The lessee may relinquish in writing et any <br />time all rights under this lease or any portion thereof ae provided in the <br />regulations. Upon lessor's acceptance of the relinquishment, lessee <br />shell be relieved of all future obligations under the lease or the <br />relinquished portion thereof, whichever is applicable. <br />Sec. I0. DELIVERY OF PREMISES. REMOVAL OF MACHINERY, EQUIP- <br />MENT, E7C. • At such time as all portions of this lease ere returned to <br />lessor, lessee shall deliver up to lessor the land teased, underground <br />timbering, and such other supports and structures necessary for the <br />preservation of the mine workings on the leased premises or deposits <br />and place ell workings in condition for suspension or abandonment. <br />Within 180 days thereof, lessee shall remove from the premises all other <br />structures, machinery, equipment, tools, end materials that it elects to <br />or as required by the authorized officer. Any such structure, ma- <br />chinery, equipment, tools, and materials remaining on the leased lands <br />beyond 180 days, or approved extension thereof, shell become the <br />property of the lessor, but lessee shell either remove arty or all each <br />property or shall continue to be liable for the coat of removal and <br />disposal in the amount actually incurred by the lessor. ]f 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 />prior to the termination of bond liability or at any other time when <br />required end in accordance with all applicable laws and regulations, <br />reclaim all lands the surface of which has been disturbed, dispose of all <br />debris or solid waste, repair the offsite end onsite damage caused by <br />lessee's activity or activities incidental thereto, aced reclaim access <br />roads or trails. <br />Sec. 11. PROCEEDINGS IN CASE OF DEFAULT - Itleasee fails to comply <br />with applicable laws, existing regulations, or the terms, conditions and <br />etipulatione of this lease, and the nontrompliance mntinuee for 30 days <br />after written notice thereof, this Ieaee shall be aubjeM W cancellation by <br />the lessor only by judicial praeedings. This provision shell not be <br />construed to prevent the ezeraee by lessor oC any other legal and <br />equitable remedy, including waiver of the default. Any such remedy or <br />waiver shall not prevent later cancellation for the same default <br />occurring at any other time. <br />Sec. l2. HEIRS AND SUCCESSORS-IN-INTEREST -Each obligation of <br />this lease shall extend to end be binding upon, end every benefit hereof <br />shall inure to, the heirs, executors, adminietratore, tuccessore, or <br />assigns of the respective parries hereto. <br />Sec. 13. INDEMNIFICATION - Lessee shall indemnify and hold harmless <br />the United States from any end all claims arising out of the lessee's <br />activities and operations under this lease. <br />Sec. 14. SPECIAL STATUTES-This lease ie subject to the Federal Water <br />Pollution Control Act (33 U.S.C. 1151-1175), the Clean Air An (42 <br />U.S.C. 1857 et. seq.). 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 1977 (30 U.S.C. <br />1201 et. seq.). <br />(a) The lessee shall be required to identify, monitor, and offset the loss or modification <br />of any wetland or riparian habitat directly affected or influenced by lease development <br />tivities such that no net loss of in-kind habitat value occurs during, or remains after <br />~ase life. <br />