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<br />8. REPORTS -- On or before the last day of each and every caendaz month during'the term of this lease, <br />Lessee shall make a sworn, verified, written report to Lessor in which shall be entered and set down the <br />exact amount in tons of all material removed from said premises during the preceding calendar month. <br />Sitch sworn, verified, written statements shall clearly set forth the tonnage as shown by production report, <br />attd shall also show the use or disposal by Lessee of such material. <br />9. SURRENDER -- Lessee may at any time surrender and cancel this lease insofaz as the same covers all <br />or any portion of the lands herein leases and be relieved from further obligations or liability hereunder <br />with respect to the lands so surrendered; provided that no partial surrender or cancellation of this lease <br />shall be for less than contiguous tracts of approximately forty (40) acres or Governmental lot <br />corresponding to aquarter-quarter section; provided further that this surrender clause and the option herein <br />reserved to Lessee shall cease and become absolutely inoperative immediately and concurrently with the <br />institution of any suit in any court of law by Lessee, Lessor or any assignee of either to enforce this lease, <br />o:: any of its terms, express or implied, but in no case shall surrender be effective until Lessee shall have <br />made full provision for protection of the surface rights of the leases premises. <br />l0. BONDS AND SURFACE DAMAGE -- Lessee shall be liable and agrees to pay for all damages to the <br />surface of the land, livestock, growing crops or improvements caused by Lessee's operations on said <br />lands. It is agreed and understood that no operations shall be commenced on the lands hereinabove <br />described unless and until Lessee or his assignee shall have filed a good and sufficient bond with Lessor <br />in an amount to be fixed by Lessor, to secure the payment for such damage to the surface of the land, <br />livestock, growing crops or improvements as may be caused by Lessee or his assignee's operations on said <br />Ittnds. With Lessor's approval the bond may be waived in favor of that which may be required by the <br />Colorado Mined Land Reclamation Division. <br />There shall be no removal of timber without prior notice to Lessor. Any merchantable timber cut in <br />conjunction with the approved mining plan is to remain the property of the State. All other timber, slash, <br />stumps, and boughs aze to be disposed of by Lessee. <br />1 I . NOTIFICATION OF MINING OPERATIONS -- If Lessor does not own or control, or has leased to a <br />third party the surface of the Leased Premises, Lessee shall be responsible for identifying and notifying <br />such surface owner or lessee(s) in advance of any on-site activity. Notification will be given 30 days in <br />advance for unfilled or grazing acreage and 60 days in advance for tilled farm ground prior to any on-site <br />activity. Lessee shall closely coordinate any on-site activity with the surface owner or lessee, and make <br />a reasonable effort to protect the integrity of surface owner's or lessee's roads, fences, gates, cattleguards, <br />irrigation ditches, and other property. This will include fencing the mine pit to prevent cattle entry if such <br />entry would be a hazard. <br />12. HOLD HARMLESS -- Lessee shall indemnify Lessor against all liability and loss, and against all claims <br />:tnd actions, including the defense of such claims or actions, based upon or arising out of damage or <br />injury, including death, to persons or property caused by or sustained in connection with this lease or by <br />conditions created thereby, or based upon any violation of any statute, ordinance, or regulation. <br />13. OPERATION PLAN -- All plans for mining may be requested by Lessor for review and approval before <br />these operations begin. <br />14. .ENVIRONMENTAL ANALYSIS -- Submittal of an environmental analysis may be required for approval <br />by Lessor before any exploration or mining begins on leased premises. <br />Page 4 of 8 <br />