Laserfiche WebLink
value ofthe coal at the first point of sale. Lessor must be notified of all overriding royalties accruing to <br />this Lease. Violation of the above may subject this Lease to cancellation by Lessor.' <br />9. ASSIGNMENT -Lessee, with written consent of Lessor, may assign this Lease as.to the leasehold interest <br />.,of' Lessee in all•;or part -of the lands covered hereby; not.less,:-however, than tracts of '.approximately 40 <br />acres or Governmental lots corresponding to a quarter-quarter section for partial assignment. For approval <br />of such assignment- Lessor may:charge an assignment'fee.,,in:an:ambunt'currently- iweffect atthe time of the <br />:assignment.:: ? .. , :. • . ..... .. .. ...... .... .:? <br />If an. assignment of a part of this. Lease is approved, a new lease designated as an assignment will <br />be -issued --ta the assignee covering the lands assigned for the balance of.the term -of the base lease on the <br />-mining lease-.form in use .at the time of -assignment and limited-.-as- to,term *as said lease is limited: ;The <br />assignor:will.be released:and discharged from all further -obligations for such lands assigned, as -if the same <br />had never been•:a: part•of this:lease. <br />No assignment or transfer of this Lease will beheld valid by Lessor unless made with its consent <br />in writing sand. duly entered in the books or records of Lessor. <br />'Notwithstaiiding the-foregoing'provisions of this Section 9 Lessee shall have the right, without the <br />approval of Lessor, to--assign-or sublease its rights hereunder: to- any- parent corporation, or subsidiary of <br />Lessee. ; <br />10. ASSIGNMENT CONSIDERATION - The consideration for approval of assignment by Lessor shall be <br />10W of the value of any consideration tendered to Assignor by.Assignee for the assignment but not less <br />... `than : `fifty and no/-100. per acre • -- , -3 ' '50.00/acre Divulgence ofthe value of these <br />.; considerations shall- be-. mandatory; in affidavit fonm;• which: form `shall: be presented to .Lessor", along- with <br />the-:other assignrient-.instruments in order:to bbfai`-Lessors approval.,for°the: i sighmentAn"assignment <br />does riot `constitute-- a new pease but - is ?"a"co'ritinuation -of the =base lease: .;Any attempv tb withhold this <br />information shall be construed as an. attempt to defraud the State of. Colorado and shall render this lease <br />null; •void'and nonexistent; and 'all -monies paid to Lessor shall be forfeited to Lessor. In addition, the <br />current statutory fees-will be paid 'at the time the. assignmeiif-record form'is submitted. <br />11. AGREEMENTS OUTSIDE THE: TERMS. OF• THIS LEASE -- No assignment; of undivided interests or <br />retention or reservation of overriding royalties will be recognized or-.approved by Lessor; and the effect, <br />if any, of any-such assignments or reservations will be strictly and only as between the parties thereto, and <br />-outside the terms of this Lease, and no dispute between parties to any such assignment or reservation shall <br />operate, to • relieve Lessee from performance • of any terms or • conditions hereof or to postpone the, time <br />therefor. Lessor will and shall at all times be entitled to look solely to Lessee or its assignee shown on <br />Lessors book's as being the sole owner hereof,-and for the. sending of all notices required by this Lease and <br />for the performance • of all terms : and conditions hereof. <br />Although not binding on Lessor, all instruments of every kind and nature whatsoever, including but <br />not limited to sublease agreements and operating agreements, affecting this Lease shall be filed in the <br />records of the Mineral Department of Lessor. Upon request, such instruments furnished may be kept <br />confidential as consistent within the law. <br />12. '--,.-..REPORT 1,-After operations begin ciHs agreed.that -on. or•before•the last 'day,& vich and'every month <br />Auring:the°term:of this Lease Lesseeshall:make a swom?<verified, written report to Lessor;:in-whicli report <br />:''sl alT be. grits ied;and set down the eXact•amounr it.-weight of all coal mined and renf6d-:from: the Leased <br />Premises and the price at the first point of sale for which the coal was sold during the preceding calendar <br />month:;.which, report. shall -show-. the amount of work performed during the preceding calendar month. <br />Page 5 of - 10