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<br />premises six months after termination he eof shall be forfeited automatically Lessor without compensation and
<br />without necessity of execution of additional documents,
<br />24. ~ONDE;HNATION - If the leased land shall be taken in any condemnation proceeding, this lease shall
<br />automatically terminate as of the date of taking. The award for such condemnation shall be paid to Lessor, except
<br />for any specific award(s) paid to Lessee for severed minerals reserves, in which event a percent of such specific
<br />award(s) equal to royalty shall be paid to Lessor in lieu of royalty lost by virtue of the condemnation.
<br />Improvements shall be removed by Lessee per terms in the Right of Removal pazagraph herein. If only a portion
<br />of the leased land is taken by condemnation, Lessee may, at its option, terminate this lease or terminate only that
<br />portion of the lease so taken.
<br />25. FE£['URE BY DEFAULT - It is agreed that if for any reason Lessee shall fail to keep each and every none
<br />of the covenants herein, and such default shall wntinue for a period of thirty (30) days after service of certified,
<br />written mxice thereof upon Lessee by Lessor, this lease shall be canceled without further notice and Lessor shall
<br />have the right to enter onto the leased premises, or any part thereof, either with or without process of law, and
<br />to expel, remove and put out Lessee or any person occupying the premises, using such force as may be necessazy
<br />to do so,
<br />In the event of the termination of this lease by reason of breach of the covenants herein contained,
<br />Lessee shall surrender and peaceably deliver up to Lessor the abovedescribed premises, and such premises shall
<br />be in gaud condition. If, upon termination of this lease for any reason, whether by surrender, forfeiture,
<br />expiration oEterm, or otherwise, Lessee shall not have fully complied with the terms of this lease, Lessor shall
<br />hold and retain possession of the property, improvements, and equipment of Lessee, as security unto Lessor for
<br />the payment of rents and royalties due it or to protect it against liens, or to indemnify it against any loss or
<br />damage sustained by it by reason of the default of Lessee, for which purpose Lessor is hereby given a lien upon
<br />all such property, improvements, and equipment, which lien shall attach as the same are placed upon the
<br />premises. In the event Lessor shall foreclose the lien in this Article given to it by Lessee, Lessor may itself be
<br />a purcha<•er at any sale thereof under such foreclosure. Upon the termination of this lease for any cause, if
<br />Lessee shall remain in the possession of said premises, it shall be guilty of an unlawful detainer under the statutes
<br />in such case made and provided and he shall be subject to all the conditions and provisions thereof and to eviction
<br />and removal, forcibly or otherwise, with or without process of law, as above provided.
<br />26. OTHER 1yIATERIALS NOT INCLUDED IN THIS LEASE - In the event the material mined under this lease
<br />is found u~ contain ores or mineral substances of value, Lessor reserves the right to lease this land for the removal
<br />of such ores or substances and Lessee herein mentioned agrees to forego the removal of materials until they have
<br />been first processed for such ores or mineral substances, if requested to do so by Lessor.
<br />27. R HA :OLOGY -- It is contrary to State and Federal law to excavate, appropriate or disturb any historical,
<br />prehistorical or archaeological site or resource on any public lands or lands administered by the State Boazd of
<br />Land Connmissioners. Discovery of a suspected site or resource shall be immediately brought to the attention
<br />of Lessor and the State Archaeologist of Lessee shall provide evidence that no significant archaeological sites exist
<br />on the leased premises which could be destroyed by Lessee's operations.
<br />28. IL ENS AIVD CLAIMS -Lessee shall not suffer or permit to be enforced against the leased premises, or any part
<br />thereof, o.r any improvements thereon, any liens arising from, or any claim for damage growing out of the work
<br />of any construction, repair, restoration, replacement or improvement, or any other claims or demand howsoever
<br />the same may arise, but Lessee shall pay or cause to be paid all of said liens, claims, or demands before any
<br />action is brought to enforce the same against the leased premises or improvements. Lessee agrees to defend,
<br />indemnify and hold Lessor and the leased premises free and hazmless from all liability for any and all such liens,
<br />claims, dt:mands, and actions together with reasonable attorney fees and all costa and rxpanaes In connection
<br />therewith. Lessee shall, upon execution of this lease at its cost, prepare a Notice, pursuant to C.R.S. § 38-22-105
<br />and cause the same to be posted for the purpose of protecting Lessor against any liens or encumbrances upon the
<br />leased premises by reason of work, labor, services or material contracted for or supplied to Lessee.
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