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32. ARCHAEOLOGY -- It is contrary to State law to excavate, appropriate or disturb any historical, prehistoric or <br />archaeological site or resource on any lands administered by Permitter. Discovery of a suspected site or resource <br />shall be immediately brought to the attention of Permitter and the State Archaeologist or Permittee shall provide <br />evidence that no significant archaeological sites exist on the leased premises which could be destroyed by <br />Permittee's operations. <br />33. DEFAULT AND FORFEITURE -- If for any reason Permittee fails to keep each and every one of the covenants and <br />conditions herein, and if such default continues for a period of thirty (30) days after service of written notice thereof <br />by certified mail upon Permittee, Permitter shall have the right to declare this lease forfeited, and to enter onto the <br />leased premises either with or without - process of law, and to expel, remove and put out Permittee or any person <br />occupying the premises, using such force as may be necessary to do so. <br />In the event of the termination of the lease by reason of breach of the covenants herein contained, Permittee <br />shall surrender and peaceably deliver to Permitter the above - described premises, and such premises shall be in good <br />mining condition. If, upon termination of this lease for any reason, whether by surrender, forfeiture or expiration of <br />term or otherwise, Permittee shall not have fully complied with the terms of the lease,- Permitter shall hold and retain <br />possession of the property, improvements, and equipment of Permittee as security unto Permitter for the payment of <br />rents and - royalties due Permitter, or to protect Permitter against liens, or to indemnify Permitter against any loss or <br />damage sustained by Permitter by reason of the default of Permittee, for which purpose Permitter is hereby given a <br />lien upon all such property, improvements, and equipment, which lien shall attach as the same are placed upon the <br />premises. In the event Permitter shall foreclose the lien in this article given to Permitter by Permittee, Permitter may <br />itself be a purchaser at any sale thereof under such foreclosure. Upon the termination of this lease for any cause, if <br />Permittee shall remain in possession of said premises, Permittee shall be guilty of an unlawful detainer under the <br />statutes in such case made and provided, and shall be subject to all the conditions and provisions thereof and to <br />eviction and removal, forcibly or otherwise, with or without process of law, as above provided. <br />Permittee shall be liable for all taxes lawfully assessed on property of Permittee located on the leased <br />premises. <br />The benefits, terms, and obligations of this lease shall extend to and be binding upon the heirs, executors, <br />administrators, successors, or assigns of the respective parties hereto. <br />34. IN WITNESS WHEREOF, Permitter has caused these presents to be executed in duplicate by the State Board of <br />Land Commissioners and sealed with the official seal of said Board, and Permittee has hereunto set his hand and <br />seal, all on the day and year first above written. <br />Recommended_- <br />Timothy J. <br />any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental <br />authority, the State of Colorado or the United States Government. The term "Hazardous Material" includes, without <br />limitation, any material or substance that is (i) defined or designated as a "hazardous substance ", "hazardous waste" <br />or a "regulated substance" under appropriate state or federal law. <br />ATTEST <br />State of Colorado <br />(Seal) <br />e. sing Manager <br />County of Moffat r n <br />The foregoing instrument was acknowledged before me this . �( XJ day of flCLLI(mb <br />"Tom - Gran '/Q C :.. 1\1 rJ <br />STATE BOARD OF LAND COMMISSIONERS <br />Mark W. Davis, Minerals Director <br />PERMITTEE: Moffat County Road & bridge I)epa.rtmeot <br />1 3; Chaairriart r offat County Commissioners <br />/1r Ptak c- r / P4!f // c /C__ <br />.Seal or Authority <br />a 1-} t iES I .r <br />Page 6 of 6 <br />as being authoriz to execute same. • Notary Public . W`° 1 <br />My commission expires <br />,cDDIU,by <br />