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<br />NOV p 3 P006
<br />is taken by condemnation, Lessor may, at its option, termti~fent~t5fl'~jg~~r terminate only that
<br />portion of the lease so taken. '"'Rsandsarery '
<br />28. COMPLIANCE WITH LAW -Lessee shall comply fully with all the provisions, terms, and
<br />conditions of all rules, regulations, ordinances and laws, whether local, state or federal, and lawful
<br />orders, which may be in effect during the continuance hereof, which in any manner affect or control
<br />mining or other operations of Lessee, and Lessee further agrees that good mining methods shall be
<br />used at all times of active mining so long as said methods are consistent with applicable law.
<br />lessee shall comply with al] applicable federal, state and local environmental, wetlands
<br />protection, health and hazazdous waste laws, ordinances and regulations. In addition to the foregoing,
<br />and not in limitation thereof, Lessee shall not cause or permit any Hazazdous Material to be brought
<br />upon, kept or used in or about the Leased Premises by Lessee or Lessee's agents, employees,
<br />contractors or invitees, without the prior written consent of Lessor. L°Lesseebreachesthe obligations
<br />stated in the preceding sentence, or if the presence of Hazardous Material on the Leased Premises
<br />caused or permitted by Lessee results in contamination of the Leased Premises, or if contamination
<br />of the Leased Premises by Hazardous Material otherwise occurs for which Lessee is legally liable,
<br />then Lessee shall indemnify, defend and hold Lessor harmless from any and al] claims, judgments,
<br />damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in
<br />value of the Leased Premises, damages for the loss or restriction on use of the Leased Premises,
<br />damages arising from any adverse impact on future leasing or use of the Leased Premises, and sums
<br />paid in settlement of claims, attorneys fees, consultant fees and expert fees) which arise during or
<br />after the lease term as a result of such contamination. This indemnification of Lessor by Lessee
<br />includes, without limitation, costs incurred in connection with any investigation of site conditions
<br />or any cleanup, remedial removal, or restoration work required by any federal, state, or local
<br />governmental agency or political subdivision because of Hazazdous Material present in the soil or
<br />groundwater on or under the Leased Premises. Without limiting the foregoing, if the presence of any
<br />Hazardous Material on the Leased Premises caused or permitted by Lessee results in any
<br />contamination of the Leased Premises, Lessee shall promptly take all actions at Lessee's sole
<br />expense as aze necessary to return the Leased Premises to the condition existing prior to the
<br />introduction of any such Hazardous Material to the Leased Premises; provided that Lessor's approval
<br />of such actions shall first be obtained. As used herein, the term "Hazardous Material" means any
<br />hazardous or toxic substance, material or waste, which is or becomes regulated by any local
<br />governmental authority, the State of Colorado or the United States Government. The term
<br />"Hazardous Material" includes, without limitation, any material or substance that is (i) defined or
<br />designated as a "hazardous substance," "hazardous waste," or a "regulated substance" under
<br />appropriate state or federal law.
<br />29. ARCHAEOLOGY -Lessee shall immediately bring to the attention of Lessor any historical,
<br />prehistoric or archaeological site or resource discovered on the Leased Premises. Lessor shall have
<br />the right to restrict or suspend Lessee's operations on the Leased Premises for the purposes of
<br />investigating, conserving or removing any historical, prehistoric or archaeological resources on the
<br />Leased Premises.
<br />30. DEFAULT AND TERMINATION - If for any reason Lessee fails to keep each and every one of the
<br />covenants and conditions herein, and if such default continues for a period of thirty (30) days after
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