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540] 96/3C/9
<br />27. SURREI~TDER AND RELINOUISHMEN'f -Lessee may, at any time, by paying to Lessor, all amounts then
<br />due as provided herein, surrender and cancel this Lease insofar as the same covers all or any portion of the
<br />lands herein )eased and be relieved from further obligations or liability hereunder with respect w the lands
<br />so surrendered; provided that no panial sunender or cancellation of this Lease shall be for less than traps
<br />of approximately 40 acres or governmental lot corresponding to aquaver-quarter section, the rental being
<br />reduced proportionately.
<br />This surrender clause and option herein reserved to Lessee shall cease and become absolutely
<br />inoperative immediately and concurrently with the institution of any suit in any court of law by Lessce,
<br />Lessor or any assignee of either to enforce this Lease, or any of its terms, express or implied, but in no case
<br />shall surrender be effective until Lessee shall have made full provision for conservation of the minerals and
<br />protection of the surface rights of the Leased Premises as may be determined by Lessor.
<br />i
<br />Notwithstanding the foregoing, no surrender and relinquishment of this ]ease shall be effective unless
<br />and until all reports, documents and information of any kind required to be submitted to Lessor under this
<br />Lease, or to such state agencies as provided in this Lease have been submitted to Lessor or such state agency.
<br />28. RIGHT OF REMOVAL - In the event this Lease is terminated by forfeiture, surrender, or the expiration
<br />of its term, and.al] obligations of Lessee under this Lease are satisfied, all Lessee's improvements, equipmett,
<br />man-made objects of any type, stockpiles and dumps shall be removed from the Leased Premises within 6
<br />months from the date of such termination at Lessee's expense. Such removal is to be accomplished without
<br />unnecessary waste or damage to the Leased Premises and Lessee shall restore the surface of the Leased
<br />Premises to the same condition as immediately prior to the execution of this Lease. All improvements and
<br />equipment remaining on the Leased Premises six months after the termination hereof shall be forfeited
<br />automatically to Lessor without compensation and without necessity of execution of additional documents,
<br />29. CONDEMNATION -1f the Leased Premises shall be taken in any condemnation proceeding, this Lease shall
<br />automatically terminate as of the date of taking. The awazd for such condemnation shall be paid to Lessor,
<br />except for any specific award(s) paid to Lessee for severed minerals reserves, in which event a percent of
<br />such specific award(s) equal to royalty shall be paid to Lessor in lieu of royalty lost by virtue of the
<br />condemnation: Improvements shall be-removed by Lessee per terms in the R]GHT OF REMOVAL
<br />paragraph herein. If orily a portion of the Leased Premises is taken by condemnation, Lessee may, at its
<br />option, terminate this Lease or terminate only that portion of the Lease so Taken. ,
<br />30. COMPLIANCE W1TH LAW -Lessee funkier covenanu and agrees that during the continuance of this Lease
<br />Lessee shall comply fully with all the provisions, terms, and conditions, of all laws, whether State or Federal,
<br />and orders issued thereunder, which may be in effect during the cominuance hereof, whidt in any manner
<br />affect or control mining or other operations of Lessee, andtl:essee further agrees that good mining methods
<br />shall be used at all times of active mining so long as said metbods aze consistent within the law.
<br />31. ARCHAEOLOGY - It is contrary to state and federal law to excavate, appropriate or disturb any historical,
<br />prehistorical or archaeological site or resource on any lands administered by Lessor. Discovery of a
<br />suspected site or resource shall be immediately brought to the attention of Lessor and the state archaeologist
<br />or Lessee shall provide evidence that no significant azchaeological sites exist on the Leased Premises which
<br />could be destroyed by Lessce's operations.
<br />32. DEFAULT AND FORFEITURE -- It is agreed that if for any reason Lessee shall fail to kcep each and every
<br />one of the covenants and conditions herein, and breaches any condition hereof, and such default continues
<br />for a period of 30 days after service of written notice thereof by certified mail upon Lessee, Lessor shall have
<br />the right to declare this Lease forfeited, and to enter onto the Leased Premises or any part thereof, either with
<br />or without process of law, and to expel, remove and put out Lessee or any person occupying the premises,
<br />using such force as may be necessary to do so. ]n the event of the termination of this Lease by reason of
<br />breach of the covenants herein contained, Lessee shall surrender and peaceably deliver to Lessor the above-
<br />described premises, and such premises shall be in good mining condition. If, upon termination of this Lease
<br />for any reason, whether by surrender, forfeiture or expiration of term or otherwise, Lessee shall not have
<br />fully complied with the terms of the Lease, Lessor shall hold and retain possession of the property,
<br />improvements, and equipment of Lessee as security unto Lessor for the payment of rents and royalties due
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