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<br />This LEASE may be assigned by the LESSEE to Castle Rock Construction Company. <br />12. INSURANCE <br />LESSEE assumes full liability for property damage (including cattle), spills and <br />injury due to mining activity and such is covered under LESSEE'S current liability <br />policy. <br />LESSEE will at all times during the term of this LEASE, at then own cost and expense, <br />insure and keep in effect on the real property such public liability insurance in the amount <br />of $1,000,000 to insure LESSOR and LESSEE against all claims, demand or actions for <br />injuries to or death of any one person, and for injury to or death of more than one person <br />in any one accident. Provided, however, LESSEE shall indemnify, protect and hold <br />LESSOR, his successors, heirs and assigns harmless from and against all damages, <br />claims and demands arising out of the use of the real property for removal of <br />MATERL4L by LESSEE. <br />13. RECLAMATION <br />Reclamation of the nvned portion of the PREMISES shall be done so as to conform with <br />the requvements of the State of Colorado and the local Soil Conservation District. <br />Overburden stockpiled from the ranted azea and dirt from the ridge to the south of the <br />mined azea will be spread over the disturbed azea. Seeding of the disturbed azeas shall be <br />done at the cost of the LESSEE. A fence may need to be constructed to protect the <br />PREMISES during mining activities and for protection of the seeded azeas after mining <br />has been completed. If constructed, the fence may stay in place until such time the State <br />of Colorado releases the reclamation bond on the PREMISES. Such fence shall be <br />constructed at LESSEE'S expense. <br />14. WATER USED IN THE MWIIVG OPERATION <br />LESSEE shall obtain State of Colorado approval to purchase 20 Acre Feet of water from <br />the LESSOR. Payment for the water shall be at the rate of Fifty Cents (50.50) per <br />thousand gallons of water and shall be made by the LESSEE to the LESSOR at the time <br />of execution of this LEASE by the LESSOR. <br />