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• <br />• <br />• <br />XVII. CONDEMNATION <br />17.1 If any legal authority institutes a condemnation proceeding for any reason, the <br />OWNER and LESSEE may each challenge such condemnation proceeding independently for the <br />purpose of protecting their respective interests in the Leased Premises. <br />17.2 Should a condemnation proceeding result in partial taking of the Leased Premises, <br />then this MINING LEASE shall continue in full force and effect if, but only if, the purposes <br />underlying this MINING LEASE can continue to be achieved, which decision shall be at the sole <br />option of LESSEE. <br />XVIII. CONDUCT OF LESSEE <br />18.1 Other than is consistent hereunder, LESSEE shall not commit waste of the Leased <br />Premises and all work performed by LESSEE or its agents shall be in a workmanlike and <br />minerlike fashion according to accepted practices of the mining industry. <br />18.2 LESSEE shall comply with all federal, state and local laws relating to the disposal <br />of mine wastes, including any regulations relating to toxic or hazardous substances, whether now <br />in effect or placed into effect during the term hereof, which obligation shall survive termination <br />of this Lease for any reason. LESSEE shall notify OWNER in writing of any plan to utilize <br />cyanide or any other toxic or hazardous substance on the leased premises, and included therewith <br />shall be a detailed plan for safe use and disposal of any such substances or spent process <br />materials. LESSEE shall hold OWNER harmless from any liability therefore, which obligation <br />shall survive termination of this Lease for any reason. <br />XIX. NO OWNERS WARRANTIES <br />19.1 OWNER does not warrant or make any representation as to the nature of any <br />mineral deposits contained on the-Leased Premises. <br />s:lclientlhendrickslcalaisgen \smith mining lease.rtf <br />12 <br />