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late. l( the laws of the State In which the mine Ia ^Ituated
<br />pr o4lb It the employment, rn • mine I.elow the aurlsce, of
<br />pe ravn^ of an age gee seer Ihrn l6 years, Ihr lessee shall
<br />comply with (hoar lawn.
<br />e. 18. MONOPOLY AND FAIR PRACTICES-71st leaarn
<br />-aervr^ lull author rty to promulrvle and enl orce orders and
<br />gulallons under the provisions of $euttuns 30 and 32 01
<br />ne Act (30 U.S.C. Seclaons 187 and 189) r,eresaary to In-
<br />aura that any ale d the production from the leased Lnds
<br />to the United Stales or to the publrc a at reawrtab le picas,
<br />to perrenl monopoly, and to safe Cuard the pu6bc welfare,
<br />seed such re Culationa shill upon pomulg at eon be binding
<br />neon lire (cues.
<br />Sec. f9. ASSIGNMENT - Thls least may be assigned, upon
<br />app oval of the authorized officer, in accordance with the
<br />p ov)alona d 43 CFR Subpart 1506. An ass ig ntriC nt will
<br />become effective on the first day of the month followrng
<br />appoval by the authorized officer a, i( the assignee re-
<br />questa, the first day o! the month of the approval
<br />Sec. 20. RELINQUISHMENT OF LEASE - T1ae lessee may
<br />file • request to relinquish all or any legal subdivrs ion of
<br />[hla lease. The request shall be filed an duplicate with the
<br />authalzed officer. The sulhrnis etl officer shat: app ova the
<br />re llnqulshment if he determ rues that the lessee hoe complied
<br />with the requur menu of the lease, the e: plontion and mining
<br />plane, the regulations and the Act. UDOn appovsl, the
<br />rc linqulshmenl shall be efle ctive as of the date it of filed,
<br />subject to fht continued obliCalaon of the leaaee ^nd his
<br />^urety to pay all accrued renula and royalties and to comply
<br />with ^II other requirements of the lease, the regulations,
<br />the esploation and mining plans, the regulations and
<br />the Act.
<br />Sec. 2l. NONCOMPLIANCE -Any failure to comply with
<br />the conditions of this lease, the etpl oratirle and mining
<br />plane, the regulatrons, or the Act shall be dealt with in
<br />'ordance with the p ocedures set forth an the regulations.
<br />e. 22. WAIVER OF CONDITIONS -The lessor reserves
<br />r rlghl to waive any breach of the rood felons contained in
<br />.nla lease, except the breach of such condo runs ss are rr•
<br />quved by the Act, but any such waiver shall a:tend only to
<br />the particular breach ao waived and shall not limit thorights
<br />d the lessor with res OeCl to any future bleach; nor shall
<br />the waiver of • particular breach pavans cancellation of
<br />this Icaae for any other cause, or for the same cause
<br />occurring at another lime.
<br />Sec. 23. READJUSTMENT OF TERMS AND CONDITIONS -
<br />(a) The lessor may popose the res sonablc readjustment of
<br />any conditions of this lease, including royalty rates, the
<br />first readjustment to be effective on the 20th year alter the
<br />effective dale and subsequent re edjustme nts to be Hfective
<br />at 10-yenr intcn•a!s thereafter. The lessor shill not ily the
<br />lessee a•hethcr he intends to readjust conditions and. if he
<br />intends to readjust, the nature of the readyustments. U it is
<br />/e at ible, the lessor shall give such not rte t20 days before
<br />the elfrctlve dale of the readjustment. In any even!, until
<br />the lessee Eras been notified either that the lease term: will
<br />be readjusted or that they will not be re sdju sled, the lessor
<br />reserves the right to require readjustment. Unless the
<br />le ^see, wlthN 3D day^ ^Iter receipt of sucb notice. files
<br />with the Icstor an objection to Ihr proposed re sdyusted
<br />e ondiliona rn relinquishes the lease ss o! the effe ttivr date
<br />of the re adjust men(. the lessee shall be deemed conclusively
<br />to have agreed to such conditions.
<br />(b) U the lessee files objections to the poposed re-
<br />^d)usted conditions with the Icsaor, and agrceme nt cannot
<br />,` rc ached between the lessor and the leaaee wrthin a
<br />)oil of 60 days after the filing of the objection, the lease
<br />~ be terminated by either party upon giving 30 days'
<br />er to the other party; hover yr r, the le aor's right to
<br />. minale Iho lease shoal be susp<nil ed by the lessee's filing
<br />.r( • notice of apps al pursuant to section 29 0! this Rase,
<br />and U the lessee is ultimately sutc<ssful in his oppcal, the
<br />lease shall continue without the change an the provisions,
<br />the Impos at ion of which, Ihr lessee appealed. If the lessee
<br />b tins utcrssful in his appeal end, u~nhm 30 Boys of the
<br />Eeels ion on apps sl notdies the lessor that he accepts tn<
<br />de cis ton rendered upon such apl+cal, then the lease shell
<br />eon(tnue as smended by the tlecis ion.
<br />([) U the testae (ilea ob (acetone to the proposed r
<br />ad)u reed conditions, the rnstrng rondntom. erupt Iho
<br />concemang royah tr 1. shall rrmnm m effect until there h.
<br />been an oyrtemrnt between Ihr Itnor end the Its see on t.
<br />new eondnaom to be Inc orporvtrd m the bast, or until tl
<br />lesser hat erh uus fed his nv,hro d oppcal under aeeUOn
<br />of thlr lease, or vnt it the Icese as [ermmnted, nnu•rnr4 tl
<br />re sd yusled royalty povia eons shill be efleutve until the
<br />la either sgreemrnl between the lesarn and the lessee
<br />until the terse is term Gnat ed. Y the re adyusled royal
<br />provisions see ^ubs equcnlly reuinded or smended, 1l
<br />leaaee shall be permuted to crcAn any eauss royalty Ps
<br />rxnt^ against roya It vet subsegtrat ly due to the ter ac
<br />Sec. 2{. DELIVERY OF PREMISES - UDOn termination
<br />thaa lease for any eras on, or rr lingmshment o! • Dart of th
<br />lease, the lessee shall do lever to the lessor an good ord
<br />and condition all or the appropriate part of leased Lnd~
<br />Delivery of the leased lands shall include undergrour
<br />timbering and such other supports and struct ores a a~
<br />necessary !or the peserval ion of Ibe mrne or de posit, ar
<br />shill be in ate ordance with all other spphc able peeves for
<br />of the rcgu Llion! for the completion of ope retains ar
<br />abandonment.
<br />Sec. 25. PROPRIETARY INFORMATION - Geol og leaf •n
<br />geophysical data and information, inGudirtg maps. traQ
<br />ae teat s, and Commercial and financial ins ormalion w~h ach lh
<br />lessor ebuina Irom the lessee shat! be treated an accordant
<br />with 4; GFR Part 2.
<br />Sac. 26. LESSEE'S LIABILITY TO LESSOR - (a) TT
<br />lessee shall be Iilble to the United Slates for any dsmag
<br />su!lered by the United States in soy way erasing from c
<br />eonnetled with the lessee's act ivilits and otxnliont undo
<br />this lease, escep where damage is caused by employees c
<br />the United Stales acting within the scope of lhev authority
<br />(b) TTe lessee shall indemnify and hold harmless th-
<br />United States Irom any end all Claims arising from rn con
<br />netted wnh the lessee's acliwlin and opeatwns unde
<br />this lease. '
<br />(c) In any Lase where liability with out fault is ampose~
<br />on the leaser pursuant to (his Beet son, and the damage•
<br />involved were caused by the action d a Thud part y,the rule
<br />d subrogation shall apply m ace ordance with the law of Ihr
<br />jurisdiction where the damages occrarcd.
<br />Set. 27. INSPECTIONS AND INVESTIGATIONS - (r) A
<br />books and records maintained by the lessee showing ar
<br />/ormalion required by this lease or rag ulvtions must be ket
<br />current and in such manner that the books and rec ads cap
<br />be readily Checked, upon request, s7 /he mtntng suf+erv isc
<br />or hart re prstnt at ivt •i the glare where they are customari 1,
<br />maintained.
<br />(b) The lessee shall perm![ easy duly loth or az ed office
<br />or re pesena[ive of the lessee at any ~easonab4 tame (I) t
<br />Inspect or mvesligste the leased Lotlt and all surface arse
<br />tender gr ound ampovements, works. machinery, and equipment
<br />and all books and records Peru miag to the lessee's obli
<br />gaU ono fo Ihr lessor under this Ieue and regulations arse
<br />(2) copy, and make estracts from any such books and rec ads.
<br />Sre. 28• UNLAWFUL INTEREST -Ko member o!, or Dele
<br />gate to, Congress, or Ree idc~t Commissioner, after hip
<br />election or appoint me nl, either before or after he has quslif ter
<br />and during his continuance m office, and no o(httr, or en.
<br />ployee of the Department of the Intnirn, escrpt as por•tder
<br />in 43 CFR 7.4 (s)(3), shall hold say share or Dort in thin
<br />lease or derive any benefu therefrom. The pov a5 ions o1
<br />Section 3741 of the Revised Statutes, as amended, 47 U.S C
<br />Section 22, and the Act of June 25, 1948, b? Slat. 702, as
<br />amended, 18 U.S.C. Sections 431-473, rr (sting to contact a.
<br />enter into and forma part of this last insobr ^s they maY
<br />be aFPlic able.
<br />Sec. 24. APPEALS -The lessee shall have the nght tr
<br />appeal (a) under 43 CFR 3000.4 from an action or decis for
<br />e! anY c(pcial of the Bureau of Laud Tana Ce me nt (b) undr
<br />30 CFR Pan 290 from an action, axA<r, or decision of any
<br />off is Cal of the United States Geological Survey, or (c) undo
<br />aFPLc ab le re Culan on from any sectors or deers ton of arse
<br />other offinal o! the Dapa rtment d Inc Ihrnrn ansmC m
<br />connection wuh Chas (rase, inc ludieg ony action rn dre neon
<br />pursuant to Section 27 of this lease with respect to the
<br />readjustment of condiiiont._ - ----^ -'
<br />Scc. 30. Special S(;pulations In addition to [he general obligations and standards of
<br />performance set forth in the current re>;ulations, fete lessee shall comply with and
<br />be bound by the following special stipulations. These special stipulations are
<br />based on existing knowlcdre and tec)Inology. They may be revised or amended, in
<br />tariting, by the mutual consent of the Mining Supervisor, the District Hana);er, and
<br />the Lessee at any time to adjust [o changed conditions or to correct an oversight.
<br />:h revisions or amendments may rt•sult from, but not be limited to the
<br />vironmen[al Impact Statement currently bein>; prepared in ores[-central Colorado
<br />on coal. The lessor may amend these stipulations at any time without the consent
<br />of the Lessee in order to make these stipulations consistent with any new Federal
<br />or S[a[c statutes and with regulations issued under those statutes. The Lessor
<br />3
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