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i <br /> -4- -i :674 <br /> • 9. Notices--R is agreed that any notice required or permitted to be given to <br /> the lessee under the provisions of this lease shall be sent by certified mail to the <br /> address set forth at the beginning of this lease or to such other address as lessee <br /> may indicate in writing to lessor and such service by nail shall be deemed suffi- <br /> cient and In full compliance with the terms of this lease. Notice to lessor shall <br /> be given in like manner, addressed to State Board of land Commissioners, State <br /> Services Building, Denver. Colorado. <br /> 10. Assignment--The lessee, with the written consent of the lessor, shall have <br /> the right to assign this lease as to the entire leasehold Interest of such lessee in <br /> all or part of the lands covered hereby, not less, however, than tracts of approx- <br /> imately forty 140) acres or Governmental lot corresponding to a quarter-quarter <br /> section for any partial assignment and for approval of such assignment the lessor <br /> _ may make a charge of Ten Dollars ($10.00) for any one assignment. No assign- <br /> ment of undivided Interests or retention or reservation of overriding royalties will <br /> be recognized or approved by lessor; and the effect, if any, of any such assign- <br /> ments or reservations will be strictly and only as between the parties thereto, <br /> and outside the terms of this lease, and no dispute between parties to any such <br /> assignment or reservation shall operate to relieve the lessee from performance <br /> of any terms or conditions hereof or to postpone the time therefor. Lessor will <br /> and shall at all times be entitled to look solely to the lessee or his assignee <br /> shown on its books as being the sole owner hereof, and for the sending of all <br /> notices required by this lease and for the performance of all terms and condi- <br /> tions hereof. N an assignment In whole or part of this lease is approved, a new <br /> lease shall be issued to the assignee covering the lands assigned, for the balance <br /> of the life of the lease, on the coal mining lease form in use at the time of the <br /> assignment, and limited as to term as said lease Is limited, and the assignor <br /> shall be released and discharged from all further obligations, and shall be held <br /> to have released all rights and benefits thereafter accruing with respect to the <br /> assigned land, as if the same had never been a part of the subject matter of <br /> this lease. <br /> 11. ProspectinR--Lessee agrees that while using and operating any diamond, <br /> churn, or other drill on said premises, it will keep an accurate log on all work <br /> • so done and performed, showing geological formations penetrated, the depth or <br /> thickness of each, the mineral character of each, especially coal or mineral <br /> veins and water-bearing strata, the location of same by elevation at surface level <br /> at drill hole and tie to a corner established by United States surveys of some <br /> legal subdivision, and each and every thing necessary to make a perfect and com- <br /> plete log of the hole throughout its entire depth, a true copy of which said log <br /> shall be furnished to the lessor at any time, upon demand. <br /> It is understood and agreed that the methods used in carrying out any pro- <br /> gram of exploration, and the rate of progress of such program shall be deter- <br /> mined by the lessee. If the lessee carries on any program of exploration, other <br /> than drilling, lessee will submit to lessor annually during the period in which <br /> such program is carried on, written reports showing the character and extent of <br /> coal prospecting being carried out on the leased premises and giving any details <br /> of teal outcroppings or seams which may have been encountered; and lessor <br /> agrees that during the term of this lease all such Information supplied to lessor <br /> by lessee shall remain confidential and unpublished so far as consistent with law. <br /> 12. Surrender and Rellnguishin nt--The lessee may at any time, by paying to <br /> the State of Colorado, acting by its state Board of land Commissioners. all <br /> amounts then due as provided herein, surrender and cancel this lease Insofar as <br /> the same covers all or any portion of the lands herein leased and be relieved <br /> from further obligations or liability hereunder with respect to the lands so sur- <br /> rendered; provided that no partial surrender or cancellation of this lease shall <br /> be for less than tracts of approximately forty (40) acres or Governmental lot <br /> corresponding to a quarter-quarter section, the rental being reduced proportion- <br /> ately; provided further that this surrender clause and option herein reserved to <br /> the lessee shall cease and become absolutely inoperative immediately and con- <br /> currently with the institution of any suit in any court of law by the lessee. <br /> lessor or any assignee of either to enforce this lease, or any of Its terms ex- <br /> press or implied, but in no case shall surrender be effective until lessee shall <br /> have made full provision for conservation of the minerals and protection of the <br /> surface rights of the leased premises. All information in Pararraphs 5 and 11. <br /> • above, must have been filed with the Board before this lease may be terminated. <br />