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PAGE <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 <br />H:WIANGMENTAGREEMNr\2004\09-10-04 Quarty base-Slone Wholesale Corpora~ion-FlNALwpd Page 8 of 10 <br /> <br />