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2011-12-29_PERMIT FILE - C1981012A (7)
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2011-12-29_PERMIT FILE - C1981012A (7)
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Last modified
9/26/2022 3:43:45 PM
Creation date
1/18/2012 2:31:41 PM
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Template:
DRMS Permit Index
Permit No
C1981012A
IBM Index Class Name
Permit File
Doc Date
12/29/2011
Section_Exhibit Name
Exhibit 34 Ownership and Right of Entry
Media Type
D
Archive
Yes
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6. Taxes. Lessee shall reimburse Lessor for all real and personal property taxes <br />• attributable to the areas of the New Elk Facility that Lessee has used during the Term within <br />fifteen (15) days after receiving an invoice from Lessor from Lessor for such taxes. <br />7. Permit 8 Bonds. Promptly upon execution of this Agreement, Lessee shall <br />relieve Lessor as the responsible party under the permits and bonds associated with the New Elk <br />Facility and the Lorencito Bond, and Lessee shall fully comply with all terms and conditions of the <br />Permit and Bonds. <br />If a notice ofnon-compliance or cessation order is issued on the Permit or Bonds, after <br />execution of this Agreement, provided that the activities of Lessee shall have been the cause of <br />the non-compliance or cessation order, it shall be the duty of Lessee to defend the non- <br />compliance or cessation order, to pay all fines, to correct violations, and to perform all remedial <br />measures required by the regulatory authorities. If a notice of non-compliance or cessation order <br />is issued on the Lorencito Bond after execution of this Agreement, it shall be the duty of Lessor to <br />defend the non-compliance or cessation order, to pay all fines, to correct violations, and to <br />• perform all remedial measures required by the regulatory authorities. In the event Lessee <br />receives notice of any non-compliance or cessation order resulting from Lessee's activities under <br />the Permits assigned hereunder, Lessee shall give notice thereof to Lessor within two (2) <br />business days of receipt of such notice. If Lessor improperly fails to defend the noncompliance <br />or cessation order for the Lorencito Bond and does not promptly and in good faith take necessary <br />action to abate such noncompliance or order, then Lessee shall have the right but not the <br />obligation to defend and/or abate said non-compliance or order and Lessor shall reimburse <br />Lessee for all reasonable and necessary costs associated with such defense/abatement, <br />including attorneys' fees. Lessor shall provide copies of all inspection reports received by Lessor <br />to Lessee within five (5) business days of receipt of same. <br />Lessee shall immediately, upon execution of this Agreement, replace all reclamation <br />bonds associated with all Permits covering Lessor's Colorado properties, namely Pennit Number <br />C-81-012 (New Elk Facility Bond) in the amount of Two Million One Hundred Fourteen Thousand <br />r~ <br />U <br />i <br />
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