2010-09-02_PERMIT FILE - C1981012

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Requested By: sib 03 128/2008 Instrueent Book Pase 200800696948 DR 1075 1948 shall have completed reclamation of any disturbance caused by Lessee on the surface of the lands to be surrendered pursuant to the provisions of Section 16. Notwithstanding the foregoing, no surrender and relinquishment of this Lease shalt be effective unless and until all reports, documents and information of any kind required to be submitted to Lessor under this Lease, or to such state agencies as provided in this Lease have been submitted to Lessor or such state agency. 29. RIGHT OF REMOVAL In the event this Lease is terminated by forfeiture, surrender or the expiration of its term, and all obligations of Lessee under this Lease are satisfied, all Lessee's improvements, equipment and man -made objects of any type shall be removed from the Leased Premises within 6 months from the date of such termination at Lessee's expense. Such removal is to be accomplished without unnecessary waste or damage to the Leased Premises and Lessee shall restore the surface of the Leased Premises to the same condition as immediately prior to the execution of this Lease. However, six months following any termination of the Lease, any improvements or equipment remaining on the Leased Premises shall, at the sole discretion of Lessor, either be forfeited automatically to Lessor without compensation and without necessity of execution of additional documents or the Lessor may have such improvements or equipment removed and any expense incurred in such removal shall be paid from the Lessee's reclamation bond required by the Lease. This Section 29 shall have no application to the New Elk Facility referenced in Section 12 or to any improvements or equipment located in the Underground Mine Workings; provided, however, that Lessee agrees that no improvements, equipment or man -made objects may be left within the Underground Mine Workings in violation of applicable law or regulations. 30. CQMPLIANCE WITH LAW Lessee further covenants and agrees that, during the continuance of this Lease, Lessee shall comply fully with all the provisions, terms, and conditions of all laws, whether State or Federal, and orders issued thereunder, which may be in effect during the continuance hereof, which in any manner affect or control mining or other operations of Lessee, and Lessee further agrees that good mining methods shall be used at all times of active mining so long as said methods are consistent within the law. 31. ARCHAEOLOGY It is contrary to state and federal law to excavate, appropriate or disturb any historical, prehistorical or archaeological site or resource on any lands administered by Lessor. Discovery of a suspected site or resource shall be immediately brought to the attention of Lessor and the state archaeologist or Lessee shall provide evidence that no significant archaeological sites exist on the Leased Premises which could be destroyed by Lessee's operations. 32. DEFAULT AND FORFEITURE It is agreed that if for any reason Lessee shall fail to keep each and every one of the covenants and conditions herein, or breaches any condition hereof, and such default or breach continues for a period of 30 days after service of written notice thereof by certified mail upon Lessee, Lessor shall have the right to declare this Lease forfeited, and to enter onto the Leased Premises or any part thereof, Page 14 of 17.