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PAGE 08112 R~~EI~r,~D NOV 0 3 2006 Lessee shall, upon execution of this lease at its cost, prep~t`i~p~b ursuant to C.R.S. § 38- 22-105 and cause the same to be posted for the purpose of pro~'EtRiaffir~~t'8gainst any liens or encumbrances upon the Leased Premises by reason of work, labor, services or materials contracted for or supplied to Lessee. 23. BOND - No operations are to be commenced on the Leased Premises unless and until Lessee or Lessee's agent has filed a good and sufficient bond with Lessor in an amount fixed by Lessor, to secure the payment for damages caused by Lessee's or Lessee's agents' operations on the Leased Premises. Lessor may require such bond to be held in full force and effect for one year aftercessation of operations for which the bond was intended. 24. WATER RIGHTS - If Lessee initiates or establishes any water rights for which the point of surface diversion or groundwater withdrawal is on the Leased Premises, title to such water rights shall, upon termination of the lease, become the property of the Lessor without cost, and title to the water rights shall be conveyed to the Lessor immediately upon termination. 25. SURRENDER AND RELINQUISHMENT -Lessee may, at any time, by paying to Lessor, all amounts then due as provided herein, surrender and cancel this ]ease as to all of the Leased Premises and be relieved from further obligations or liability hereunder with respect to the Leased Premises. This surrender clause and option herein reserved to Lessee shall cease and become absolutely inoperative immediately and concurrently with the institution of any suit in any court of law by Lessee, Lessor or any assignee of either to enforce this lease, or any of its terms, express or implied, but in no case shall surrender be effective until Lessee shall have made fu]] provision for conservation of the materials and protection of the surface rights of the Leased Premises as maybe determined by Lessor. Notwithstanding the foregoing, no surrender and relinquishment of this lease shall be effective unless and until all reports, documents and information of any kind required to be submitted to Lessor under this lease, or to such state agencies as provided in this lease have been submitted to Lessor or such state agency. 26. RIGHT OF REMOVAL-In the eventthisleaseisterminatedbysurrenderorbyLessorunderartide 15 above, or the expiration of its term, and all obligations of Lessee under this lease are satisfied, all Lessee's improvements, equipment, man-made objects of any type, including stockpiles and dumps except as these stockpiles and dumps may be disposed of pursuant to the reclamation plan, shall be removed from the Leased Premises within six months from the date of such termination at Lessee's expense. Such removal is to be accomplished without waste or damage to the Leased Premises and Lessee shall restore the surface of the Leased Premises to the condition as specified in the approved reclamation plan as it pertains to such removal. All improvements and equipment remaining on the Leased Premises six months after the termination hereof shall automatically become the property of Lessor without compensation and without necessity of execution of additional documents. 27. CONDEMNATION- If the Leased Premises shall be taken in any condemnation proceeding, except that initiated by Lessor, this lease shall automatically terminate as of the date of taking. The award for such condemnation shall be paid to Lessor, except for any specific award(s) paid to Lessee for materials reserves, in which event a percent of such specific awazd(s) equal to Lessor's royalty shall be paid to Lessor in lieu of royalty lost by virtue of the condemnation. Improvements shall be removed by Lessee pursuant to the teems of azticle 26 above. If only a portion of the Leased Premises H:NIANGMEN'MGREEMN'n2004\09-1404 Quarry Isase-Stone Wholesale Corporation-FWAL.wpd Page 7 of 10