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<br />17. RECLAMATION -- Permittee shall submit all plans for restoration and reclamation of leased premises to
<br />Permitter for Permitter's approval before submitting the appropriate permit or permits pursuant to the Colorado
<br />Mined Land Reclamation Act 34-32-101 ET SEQ., C.R.S. 1973 as amended. Rules and regulations as set forth
<br />by the Division of Minerals and Geology for recovery and restoration of mined land will apply where applicable
<br />[o the Leased Premises. Variations from the reclamation plan as originally submitted to the Board for approval
<br />may be granted only with the written approval of Permitter.
<br />18. PERMITTER'S APPROVAL -- Whenever approval by Permitter is required or contemplated by Permittee,
<br />approval must be in writing and shall be optional and shall be within the sole and absolute discretion of Permitter.
<br />19. OTHER STATE AGENCIES -- Permitter may determine that instruments and documents required by other State
<br />agencies satisfy certain requirements of this lease. In the event that Permittee is required to file instruments and
<br />documents with other State agencies, including the Division of Minerals and Geology, Permittee shall notify
<br />Permitter of said filing and Permitter reserves the right to request and obtain copies of such instruments and
<br />documents from the agency or from Permittee.
<br />20. INSPECTION -- It is agreed that during all proper hours and at all times during the continuance of this lease,
<br />Permitter or Permitter's duly authorized agent, is authorized t6 check assays and scales as to their accuracy, to go
<br />through or on any part or all of the leased premises to examine, inspect, survey and take measurements of the
<br />same and to take samples of any kind and to examine and make extracts from or copies of all books and weight
<br />sheets and records which show in any way the ore output, ore values, payments and royalties from and of the
<br />leased premises. All conveniences necessary for such inspection; survey, or examination shall be furnished to
<br />Permitter. Permitter may require Permittee to provide all instruments and documents of any kind and nature
<br />whatevecwhich affect Permitter's interests.
<br />21. NOTICES -- Any notice required to be given to Permittee under the provisions of this lease shall be sent by
<br />certified mail to. the address set forth at the beginning of this lease or to such other address as Permittee may
<br />indicate in writing to Permitter, and such service by mail shall be deemed sufficient and in full compliance with
<br />the terms of this lease as of the date it is postmarked. Notice to Permitter shall be given in like manner, addressed
<br />to the State Board of band Commissioners' Denver, Colorado address.
<br />22. NOTIFICATION OF MINING OPERATIONS--It is understood that Permitter may not own or control the
<br />surface estate of leased premises, or Permitter. may have issued a surface use lease to another Permittee. Mineral
<br />Permittee shall be responsible for identifying such ownership or determining the surface Permittee or Permittees,
<br />and shall notify all such parties in advahce of any on-site. activity. Notification will be given thirty (30) days for
<br />unfilled or grazing acreage and sixty (60) days for tilled farm ground prior to any on site activity. Mineral
<br />Permittee shall closely coordinate any on-site activity with the surface owner or Permittee, and make a reasonable
<br />effort to protect the integrity of surface owner's or surface Permittee's fences, gates, cattleguards, and other
<br />property.
<br />23. PROTECTION AGAINST SURFACE DAMAGE -Permittee has the right to utilize as much of the surface of
<br />the lands as is reasonably necessary for mining operations; however, Permittee shall be liable and agrees to pay
<br />for all damages to the surface, livestock, growing crops, water wells, reservoirs, or other improvements caused
<br />by Permittee's operations on said lands. There shall be no removal of timber without prior notice to Permitter.
<br />Any merchantable timber cut in conjunction with the approved mining plan is to remain the property of the State.
<br />All other timber, slash, stumps, and boughs are to be disposed of by Permittee.
<br />24. HOLD HARMLESS -- Permittee shall indemnify Permitter against all liability and loss, and against all claims and
<br />actions, including the defense of such claims or actions, based upon or arising out of damage or injury„ including
<br />death, to persons or property caused by or sustained in connection with this lease or by conditions created
<br />thereby, or based upon any violation of any statute, ordinance, or regulation.
<br />25. LIENS AND CLAIMS -- Permittee shall not suffer or permit to be enforced against the leased premises, or any
<br />part thereof, or any improvements thereon, any liens arising from, or any claim for damage growing out of the
<br />work of any construction, repair, restoration, replacement or improvement, or any other claims or demand
<br />howsoever the same may arise, but Permittee shall pay or cause to be paid all of said liens, claims, or demands
<br />before any action is brought to enforce the same against the leased premises or improvements. Perrnitiee agrees
<br />to defend, indemnify and hold Permitter and the leased premises free and harmless from all liability for any and
<br />all such liens, claims, demands, and actions together with reasonable attorney fees and all costs and expenses in
<br />connection therewith.
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