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2011-04-29_PERMIT FILE - M2011001 (18)
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2011-04-29_PERMIT FILE - M2011001 (18)
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Last modified
8/24/2016 4:33:00 PM
Creation date
5/9/2011 11:44:50 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2011001
IBM Index Class Name
PERMIT FILE
Doc Date
4/29/2011
Doc Name
Adequacy Review Response- Ex. 11- Lease Agreement
From
Tetra Tech
To
DRMS
Media Type
D
Archive
No
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D. Upon termination of this Lease with respect to all or any part of the Property, <br />the Company agrees to furnish Lessor with a document reasonably satisfactory to Lessor verifying <br />such termination and release of Lease. <br />E. Upon termination of this Lease by the Company for any reason, all sums paid <br />hereunder to Lessor shall remain the property of Lessor and shall not be recoupable or refundable <br />except to the extent that they have already been recouped or refunded as of the effectivL date of <br />termination, or except as expressly provided Paragraphs 11.13 and C above. <br />17. End of Term. The Company shall have the right for one year from the date of the <br />expiration or termination of this Lease to dismantle and remove machinery, equipment, <br />improvements, and other facilities installed or constructed on the Property by the Company and also <br />to sell and remove Materials then stockpiled on the Property, subject to its obligation to pay Sales <br />Royalties pursuant to Paragraph 3. <br />18. No Development Covenant. There is no implied covenant or obligation of the <br />Company to explore, develop or mine the Property or to sell Materials. The Company may maintain <br />this Agreement in effect for its term and any allowed extensions by making the payments 'set forth <br />herein. <br />19. Restoration of Property. Within two (2) years after the expiration of earlier <br />termination of this Lease, the Company will have restored the Property to the condition required by <br />law and by the applicable permits and approvals required for the Company to conduct operations <br />hereunder. Following the expiration or termination of this Lease_for any reason, Lessor covenants <br />that Lessor will not extract or allow others to extract Materials until Lessor or others effect the <br />transfer of the Colorado Division of Minerals and Geology Permit to their names for reclamation or <br />rehabilitation of the Property and the release of any security or bond provided by the Company to <br />secure its performance or discharge its responsibilities. Unless Lessor desires to continue operations <br />to extract Materials (either by Lessor or through an operator, representative, or other lessee), the <br />Company shall have the right to access and enter the Property and to effect on the Property such <br />restoration, rehabilitation and reclamation as maybe required to discharge the responsibilities which <br />the Company has assumed pursuant to its permits and under Paragraph 7.E and to procure the release <br />of any bond or other financial assurance provided by the Company. <br />20. Assignment. The provisions of this Lease shall extend to and be binding upon the <br />heirs, personal representatives, successors, assigns and sublessees of Lessor and the Company. The <br />Company shall have the right to subcontract with others for the performance of exploration, <br />development and mining work hereunder, subject to all terms of this Lease, but no such subcontract <br />shall relieve the Company of its obligations to Lessor hereunder. <br />21. Notice. Notices of default or of cancellation or termination of this Lease and all other <br />notices required or permitted hereunder shall be given by personal delivery or by registered or <br />certified mail, postage prepaid, addressed to the parties as follows: <br />-11-
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