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.deposits in the lands and the right to continue existing uses and to
<br />authorize future uses upon or in the leased lands, including
<br />issuing leases for mineral deposits no[ covered hereunder and
<br />approving easements or rights-of-way. Lessor shall condition
<br />such uses to prevent unnecessary or unreasonable interference
<br />with rights of Lessee as may be consistent with concepts of
<br />muhiple use and multiple mineral development.
<br />Sec. 8. PROTECTION OF DIVERSE INTERESTS, AND
<br />EQUAL OPPORTUNITY -Lessee shall pay when due all
<br />taxes legally assessed and levied under the laws of the State or
<br />the United States; accord all emp{oyees complete freedom of
<br />purchase; pay all wages at least twice each month in lawful
<br />money of the United States; maintain a safe working environment
<br />in accordance with standard industry practices: restrict the
<br />workday to not more than 8 hours in any one day for
<br />underground workers, except in emergences; and take measures
<br />necessary to protect the health and safety of the public. No
<br />person under the age of 16 years shall be employed in any mine
<br />below the surface. To the extent that laws of the State in which
<br />the lands are situated are more restrictive than the provisions in
<br />this paragraph, then the State laws apply.
<br />Lessee will comply with all provisions of Executive Order No.
<br />11246 of September 24, 1965, as amended, and the rules,
<br />regulations, and relevant orders of the Secretary of Labor.
<br />Neither Lessee nor Lessees subcontractors shall maintarn
<br />segregated facilities.
<br />Sec. 9. (a) TRANSFERS -This lease tray be transferred in
<br />whole or in part to any person, association or corporation
<br />qualified to hold such lease interest.
<br />Transfers of record title, working or royalty interest must be
<br />approved in accordance with the regulations.
<br />(b) RELINQUISHMENTS -Lessee may relinquish in
<br />writing at any time all rights under this lease or any portion
<br />thereof as provided in the regulations. Upon lessor's acceptance
<br />of the relinquishment, lessee shall be relieved of all future
<br />obligations under [he lease or the relinquished portion [hereof,
<br />whichever is applicable.
<br />Sec. 10. DELIVERY OF PREMISES, REMOVAL OF
<br />MACHINERY, EQUIPMENT, ETC. - At such times as all
<br />portions of this lease are returned to lessor, lessee shall deliver
<br />up to lessor the land leased, underground timbering, and such
<br />other supports and structures necessary for the preservation of
<br />the mine workings on the leased premises or deposits and place
<br />all workings in condition for suspension or abandonment.
<br />I Within 180 days thereof, lessee shall remove from the premises
<br />~11 other structures, machinery, equipment, toots, and materials
<br />that it elects to or as required by the authorized officer..4ny such
<br />structures, machinery, equipment, tools, and materials remaining
<br />on the leased lands beyond 180 days, or approved extension
<br />thereof, shall become the property of the lessor, but lessee shall
<br />:' ';
<br />either remove any or all such property> ar shall coUtintte;t9 e _
<br />liable for the cost of removal and disgosal in the amount actua~y f '
<br />incurred by the lessor. If Che surface is owned by third parties,
<br />lessor shall waive [he requirement for removal, provided the third
<br />parties do not object [o such waiver. Lessee shall, prior to the
<br />termination of bond liability or at any other time when required
<br />and in accordance with all applicable laws and regulations,
<br />reclaim alt lands the surface of which has been disturbed, dispose
<br />of all debris or solid waste, repair the offsite and onsite damage
<br />caused by lessee's activity or activities incidental thereto, and
<br />reclaim access roads or trails.
<br />Sec. 11. PROCEEDINGS INCASE OF DEFAULT - If lessee
<br />fails [o comply with applicable laws, existing regulations, or the
<br />terms, conditions and stipulations of this lease, and the
<br />noncompliance continues for 30days after written notice thereof,
<br />this lease shall be subject to caticellation by the lessor only by
<br />judicial proceedings. This provision shall not be construed to
<br />prevent the exercise by lessor of any other legal and equitable
<br />remedy, including waiver of [he default. Any such remedy or
<br />waiver shall not prevent later cancellation for [he same default
<br />occurring at any other time.
<br />Sec. 12. HEIRS AND SUCCESSORS-IN-INTEREST-Each
<br />obligation of this lease shall extend to and be binding upon, and
<br />every benefit hereof shall insure to,- the heirs, executors,
<br />administrators, successors, of assigns of the respective parties
<br />hereto.
<br />Sec. 13. INDEMNIFICATION -Lessee shall indemnify and
<br />hold harmless the United Stales from any and all claims arising
<br />out of the Lessee s activities and-operations under this lease.
<br />Sec. 14. SPECIAL STATUTES -This lease is subject to the
<br />Federal Water Pollution Control Act (33 U.S.C. 1151 - 1175);
<br />the Clean Air .4ct (42 U.S.C. 1857 et segJ, and to all other
<br />applicable laws pertaining to exploration activities, training
<br />operations and reclamation, including the Surface Mining
<br />Control and Reclamation Ac[ of 1977 (30 U.S.C. 1201 et seg.)
<br />Sec. 15. SPECIAL STIPULATIONS (a) Cultural
<br />Resources. (1) Before beginning-.any surface disturbing
<br />activities on the leased lands, lessee shall conduct a cultural
<br />resqurce intensive field inventory on those portions of the
<br />mine plan area and adjacent areas, or exploration plan area,
<br />which may be adversely affected by lease-related activities and
<br />which were no[ previously inventoried at such a level of
<br />intensity. The inventory shall be conducted by a qualified
<br />professional cultural resource specialist (i.e., archaeologist or
<br />historian, as appropriate) approved by the authorized officer of
<br />the Bureau of Land Management (BLM) and shall be
<br />conducted in the manner that the authorized officer speciftes.
<br />(2) Lessee shall submit an inventory report, including
<br />recommendations For protecting any significant cultural
<br />resources, to the Regional Director, Western Regional
<br />Permit Revision #5 (2/2005)
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