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Mining Properties does not violate any federal, state or local law, ordinance or regulation <br />relating to the environmental conditions on, under or about the Mining Properties, including, <br />but not limited to, soil and groundwater conditions, and there is not pending or threatened <br />any proceeding or inquiry by any federal, state or local government authority with respect to <br />the presence of any asbestos, radioactive materials, hazardous waste, toxic substances or <br />related injurious materials, on the Mining Properties or the migration of such materials from <br />or to other property. For purposes of this Lease, such materials shall include but not be <br />limited to substances defined as "hazardous substances," "hazardous materials," or "toxic <br />substances in the Comprehensive Environmental Response, Compensation and Liability Act <br />of 1980, as amended, 42 D.S.C. Section 9601, et. seq.; the Hazardous Materials <br />Transportation Act, 49 D.S.C. Section 1801, et. seq.; the Resource Conservation and <br />Recovery Act, 42 D.S.C. Section 6901, et. seq.; in the Colorado Revised Statutes; and in the <br />regulations adopted and promulgated pursuant to the foregoing laws. <br />(0 So long as the Lessee shall perform the covenants required to be performed by <br />it hereunder, the Lessee shall have peaceful and quiet use and possession of the <br />Mining Properties without hindrance on the part of the Lessor. <br />3.1 Examination Period. Lessor shall, within thirty (30) days after execution of this Mining <br />Lease, furnish Lessee with all data requested by Lessee relative to the title of the Mining <br />Properties which is in its possession, such as abstracts, title opinions, or other relevant data, <br />and the Lessee shall have three (3) months after receipt thereof to examine the same and <br />accept or reject title to all of the Mining Properties. If the examination discloses a defect, or <br />defects, in the title to said mining claims which makes or shall make them, or any part <br />thereof, unmarketable, Lessee may reject title and notify Lessor in writing of the defects. <br />3.2 Cure by Lessor. If, after thirty (30) days from receipt of notice of title defects, Lessor has <br />not cured said defects or taken all steps necessary to do so to the satisfaction of Lessee, then <br />Lessee may either waive said defects, and cure title at its sole option and cost or terminate <br />this Mining Lease and be relieved of all further obligation.