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ter, - -,r.~ <br />~~~~- <br />reclamation procedures. Lessor reserves to itself the right to <br />lease, sell, or otherwise dispose of the surface or other mineral <br />deposits in the lands and the right to continue existing uses and to <br />authorize future uses upon or in the leased lands, including <br />issuing leases for auneral deposits not covered hereunder and <br />approving easements or rights-of-way. Lessor shall condition <br />such uses to prevent unnecessary or unreasonable interference <br />with rights of Lessee as may be consistent with concepts of <br />multiple use and multiple mineral development. <br />Sec. S. PROTECTION OF DIVERSE INTERESTS, AND <br />EQUAL OPPORTUNITY -Lessee shall pay when due all <br />taxes legally assessed and levied under the laws of the State or <br />the United States; accord all employees complete freedom of <br />purchase; pay all wages at least twice each month in lawful <br />money of the United States; maintain a safe working environment <br />in accordance with standard industry practices; restrict the <br />workday to not more than 8 hours in any one day for <br />underground workers, except in emergences; mid take measures <br />necessary to protect the health and safety of the public. No <br />person under the age of 16 years shall be employed in any mine <br />below the surface. To the extent that laws of the State in which <br />the lands are situated are more restrictive than the provisions in <br />this paragraph, then the Stale laws apply. <br />structures, machinery, equipment, tools, and materials remaining <br />r, n <br />on the leased latf~s`'beyond'ZSO;HQy~hon~proved extension <br />thereof, shall become the property of the lessor, but lessee shall <br />tither remove any or all such property or shall continue to he <br />liable for the cost of removal and disposal in the amount actually <br />incurred by the lessor. If [he surface is owned by third parties, <br />lessor shall waive the requirement for removal, provided the third <br />parties do not object to such waiver. Lessee shall, prior to the <br />termination of bond liability or at any other time when required <br />and in accordance with all applicable laws and regulations, <br />reclaim all lands [he surface of which has been disturbed, dispose <br />of all debris or solid waste, repair [he offsite and onsite damage <br />caused by lessee's activity or activities incidental thereto, and <br />reclaim access roads or trails. <br />Sec. 11. PROCEEDINGS IN CASE OF DEFAULT - If lessee <br />fails to comply with applicable laws, existing regulations, or the <br />terms, conditions and stipulations of this lease, and the <br />noncompliance continues for 30 days after written notice thereof, <br />this lease shall be subject to cancellation by the lessor only by <br />judicial proceedings. This provision shall not be construed [o <br />prevent the exercise by lessor of any other legal and equitable <br />remedy, including waiver of the default. Any such remedy or <br />waiver shall not prevent later cancellation for the same default <br />occurring at any other time. <br />Lessee will comply with all provisions of Executive Order No. <br />11246 of September 24, 1965, as amended, and the rules, <br />regulations, and relevant orders of the Secretary of Labor. <br />Neither Lessee nor Lessee's subcontractors shall maintain <br />segregated facilities. <br />Sec. 9. (a) TRANSFERS -This lease may be transferred in <br />whole or in part to any person, association or corporation <br />qualified to hold such lease interest. <br />Transfers of record title, working or royalty interest must be <br />upproved...in accordance with the regulations. <br />(b) RELINQUISHMENTS -Lessee may relinquish in <br />writing a[ any time all rights under this lease or any portion <br />thereof as provided in the regulations. Upon lessoi s acceptance <br />of the relinquishment, lessee shall be relieved of all future <br />obligations under the lease or the relinquished portion thereof, <br />whichever is applicable. <br />Sec. 10. DELIVERY OF PREMISES, REMOVAL OF <br />MACHINERY, EQUIPMENT, ETC. - At such times as all <br />portions of [his lease arc returned to lessor, lessee shall deliver <br />up to lessor the land leased, underground timbering, and such <br />other supports and structures necessary for the preservation of <br />the mine workings on the leased premises or deposits and place <br />all workings in condition for suspension or abandonment. <br />Within I80 days thereof, lessee shall remove from the premises <br />all other structures, machinery, equipment, tools, and materials <br />that it elects to or as required by [he authorized officer. Any such <br />Sec. 12. HEIRS AND SUCCESSORS-IN-INTEREST-Each <br />obligation of this lease shall extend to and be binding upon, and <br />every benefit hereof shall insure to, the heirs, executors, <br />administrators, successors, or assigns of the respective parties <br />hereto. <br />Sec. 13. INDEMNIFICATION -Lessee shall indemnify and <br />hold harmless the United States from any and all claims arising <br />out of the Lessee's activities and operations under [his lease. <br />Sec.. 14. SPECIAL STATUTES - Thislease is subject to the <br />Federal Water Pollution Control Act (33 U.S.C. 1151 - 1175); <br />the Clean Air Act (42 U.S.C. 1857 et ~.), and to alt other <br />applicable laws pertaining [o exploration activities, mining <br />operations and reclamation, including the Surface Mining <br />Control and Reclamation Act of 1977 (30 U.S.C. 1201 et sec.) <br />Sec. 15. SPECIAL STIPULATIONS (a) All stipulations <br />concerning compliance with the requirements of the Surface <br />Mining Control and Reclamation Act will be included in the <br />document approving the mining plan. <br />(b) Lessee shall be required to mitigate for mule deer, <br />elk, antelope, and sharp-tail grouse habitat loss where applicable <br />and the resultant loss or displacement of these species, as key <br />indicator species, due to surface coal mining operations. <br />Concurrently, with the filing of its mine plan, lessee shall submit <br />for approval to the BLM, a habitat recovery and replacement <br />plan for protection or enhancement of mule deer, elk, antelope, <br />