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<br />614465 7/11/1995 2:45pm 8:892 P:561 <br />Roberta J. Perry, Clerk & Rernrder, Logan County CO <br />REPIOVAL OF I14PROVEf4ENT5 AIJD EQUIPMENTS <br />All improvements and equipment placed on the leased premises by lessee, <br />except water well casing, fences, gates, and cattle guards, shall remain the <br />property of lessee, and lessee shall have the right to remove such property <br />prior to the expiration of this lease. On termination of this lease for any <br />cause, lessee shall have the right to remove all such improvements and equip- <br />ment within a reasonable time, except water well casing, fences, gates, and <br />cattle guards, but including any materials mined and produced but not removed <br />on the date of termination, all subject to payment of royalties as provided <br />herein. <br />IIJDEIdNIFICATI0t1 OF LESSOR <br />Lessee agrees to indemnify lessor against liability on all claims for <br />damages and injuries to persons or property that are claimed to have resulted <br />from the activities or ommissions of lessee or its agents or employees during <br />the term hereof. <br />DEFAULT UY LESSEE <br />In the event any default occurs in the performance of any term or condition <br />of this lease by lessee, lessor shall have the right to give a thirty (30) day <br />notice in writing to lessee, demanding the correction or removal of such default. <br />In the event lessee fails to correct or remove such default within such period, <br />lessor may, at his option, terminate this lease. If this lease is terminated by <br />lessor pursuant to this section, lessor shall have no further rights or remedies <br />against lessee except the forfeiture of this lease. Lessee shall have thirty (30) <br />days after such termination within which to remove any plant, structures, or <br />equipment placed on the leased premises by lessee. <br />RIGHTS TO ADDITIONAL h1INERALS <br />If any minerals, as distinguished from sand, gravel and rock, (other minerals <br />specifically included in lease) shall be found on the leased premises, the same <br />shall belong to lessor, but lessee shall have the first right and option to mine <br />the same under such terms and conditions as the parties may then agree upon. <br />EFFCCT OF COLORADO t4IF1ED LAND RECLAFIATI011 ACT <br />Lessee shall be considered the operator of said sand, gravel and rock <br />operation on the above described lands for all purposes of the Colorado F1ined <br />Land Reclamation Act. Lessee will be solely responsible for all actions required <br />by the State of.Colorado to comply with Act and any amendments subsequently made <br />thereto. Lessor agrees he tvill not become, or attempt to become, an operator of <br />the area lie re by leased so long as this lease is in full force and effect. Lessor <br />will not allow any other person, association, partnership or corporation (public <br />or private) to act as an operator, as defined in said Act and any amendments <br />made thereto. <br />-3- <br />