Premises within 6 months from the date of such termination at Lessee's expense. Such removal Is to be
<br />accomplished without unnecessary waste or damage to the Leased Premises and Lessee shall restore the
<br />surface of the Leased Premises to the same condition as immediately prior to the execution of this Lease.
<br />All improvements and equipment remaining on the Leased Premises six months after-the termination hereof
<br />shall be forfeited automatically. to Lessor without compensation and without necessity . of. -execution of
<br />additional documents.
<br />28
<br />29
<br />30.
<br />31.
<br />32.
<br />CONDEMNATION If the Leased Premises shall be taken in any condemnation proceeding, this Lease
<br />:'shall automatically °terminate as- of the 'date of taking. -The'-award. for;such; condemnation shall be paid to
<br />Lessor,. except for. any specific !award(s)-paid to:Lessee--for•• severed minerals reserves;.-in •whichievent a
<br />percent of such specific award(s). equal to royalty shall be; paid `t6. Lessor in.. lieu of :royalty lost by virtue
<br />of the condemnation. Improvements shall be removed by Lessee per terms in the RIGHT OF REMOVAL
<br />paragraph herein. If only a portion of the Leased Premises is taken by condemnation, Lessee may, at its
<br />.option, terminate this Lease or terminate only that portion of the Lease so taken.
<br />COMPLIANCE WITH LAW - Lessee further covenants and agrees that during the continuance of this
<br />Lease Lessee shall comply fully with all the provisions, terms, and conditions of all laws, whether State
<br />or Federal.,;,,and orders. issued. thereunder,..which may be -in effect during the continuance.hereof; =which in
<br />any manner affect or control mining or other operations of Lessee, and Lessee further agrees that good
<br />mining methods shall be used at all times of active mining so long as said methods are consistent within
<br />the law.
<br />ARCHAEOLOGY It is.. contrary..to, state and. federal law to excavate, appropriate or disturb -any
<br />historical., prehistorical or archaeological site or resource on any lands administered by'Lessor. - Discovery
<br />of a suspected site or resource shall be immediately brought,to:Ahe attention of Lessor and the. state'
<br />archaeologist. or Lessee shall provide evidence that no significant archaeological sites exist. on'the•Leased
<br />Premises which- could be destroyed by Lessee's operations.
<br />,; DEFAULT !AND. FORFEITURE =- It -*is* agreed that"if for' any 'rea'son* l r,essee shall :fa'il -to, iteep 'eacli.°and
<br />every - one` of the covenants and conditions' herein, and' breaches' iny...condition hereof, and:: such default
<br />continues for a period of 30 days after service of written notice thereof by certified: ;mail upon Lessee,
<br />Less6ushall have the rightto• declare-this Lease forfeited;- and' to enter onto the Leased Premise's or any part
<br />thereof; either with or without process of law, and' to expel, remove and Out out Lessee. or ..any person
<br />occupying the premises, using such force as may be necessary to do so. In the event of the termination
<br />of this Lease by reason of breach of the covenants herein contained, Lessee shall surrender and peaceably
<br />deliver to Lessor the above-described premises, and such premises shall be in good mining condition. 'If,
<br />upon termination of this Lease for any reason, whether by surrender; forfeiture or expiration of term or
<br />otherwise, Lessee shall not have fully complied with the'teriiis.of the. Lease; Lessor shall hold and retain .
<br />possession of the property, drnprovements; and equipment of Lessee as security unto Lessor for the payment
<br />of rents and royalties due it, or to protect it against liens, or to indemnify it against any loss or damage
<br />sustained by it by reason of the default of Lessee, for which purpose Lessor is hereby given a lien upon
<br />all such property, improvements, and equipment, which lien shall attach as the same are placed upon the
<br />premises. In the event Lessor shall foreclose the lien in this article given to it by Lessee, Lessor may itself
<br />be a. purchaser at any sale thereof under such foreclosure. , Upon the terminatior' of this Lease. for- any
<br />cause, if Lessee shall remain in possession of the Leased Premises, he shall be guilty of an unlawful
<br />detainer under the statutes in such-case made and provided, and he.shall be subject to all the conditions and
<br />provisions thereof and id;zviction. and removal; forcibly .or otherwise, with or without process- of %law, as
<br />above provided.
<br />TAXES - Lessee shall pay;:all -taxes; or. payments': in lieu of taxes lawfully assessed :for. the:Leased
<br />::Premises or, improvements- thereon:::.. . ,.. t: :..' .
<br />Page 9 of 10
|