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in contact with the mineable coal measure. "Floor" means the rock immediately below and in contact with <br />the mineable coal measure. ' <br />24. _WATER RIGHTS — If Lessee initiates or establishes any water right where the point of diversion or <br />groundwater -withdrawal -is on the Leased Premises and where the surface is owned by the State, such water <br />right ii ust be obtained-in the name of and with. the. consent of-the State'actingby and throu&its Bo d- <br />Land Commissioners. <br />Water aights - and - any • improvement- required to- bring this water to the surface shall 'become the <br />property of the State,.- without cost, upon termination of this. lease'for any cause'whatsoever. <br />• Under no circumstance may ground water be withdrawn without first having secured the permission <br />of Iessor and may not be withdrawn at a rate higher than necessary- for the mining and /or processing of <br />State minerals only. Additional payment may be required for the use of any waters as may be defined as <br />tributary or non- tributary. <br />25, LIENS,-AND CLAIMS'- -Lessee shall not suffer or'permit.to-•be eriforced against-the Leased Premises, or <br />any part thereof; br any improverents thereon, any liens arising from; or any claim for~ damage growing <br />out of the work of any construction; repair, restoration, replacement or improvement, or any other claims <br />or demand howsoever the same may arise, but Lessee shall pay or cause- to be paid all of said liens, claims, <br />or demands before any action is brought to enforce the same against the Leased Premises or improvements. <br />Lessee agrees to defend, indemnify and hold Lessor and the Leased Premises free and harmless from all <br />liability for any and all such liens, claims; demands; and actions together with. reasonable-altoin6y fees and <br />all costs and expenses in connection therewith. <br />Lessee:'shall, -upon­eIdcution of this lease at its -cost; 'prepare a Notice,. pursuant to CA. S.' § <br />3822- 105• and - causv.the' ;same.to,be posted -for the-'purpose"of protecting Lessor ,against airy liens or <br />encumbrances upon the Leased Premises by reason of work, labor, services or materials contracted for or <br />supplied to Lessee. • ... ; <br />26. SURRENDER AND RELINQUISHMENT — Lessee may; at any time; 'by paying to Lessor, all amounts <br />then due as provided herein, surrender azid cancel this Lease insofar: as* the same covers all -or any portion <br />of the lands herein leased and be relieved from further obligations or liability hereunder with respect to the <br />lands so surrendered; , provided- that no partial• surrender or cancellation of this Lease shall be for less than <br />tracts of approximately. 40 'acres or govemmental loC corresponding -to a quarter- quarter section, the rental <br />being reduced proportionately. <br />This surrender clause hhd option"herein reserved •to Ldssee- shall cease and* become -absolutely <br />inoperative immediately -and concurrently with the institution of :any suit in any court of law by Lessee, <br />Lessor or any assignee of either to enforce this Lease, or any of its terms, express oi• implied, but in no <br />case shall surrender be effective until Lessee shall have made full provision for conservation of the minerals <br />and protection of the surface rights of the Leased Premises as may be determined by Lessor. <br />Notwithstanding the foregoing, no'surrender and-relinquishment of this lease shaMbe.effective unless <br />and until all reports;' documents. and information of any kind: required -to be submitted to Lessor under -this : <br />Lease,. or: to •such- state-agencies-as provided in this Lease:.•have beemsubmitted-:to' Lessor or such state ' <br />agency::. <br />27. RIGHT OF REMOVAL — In the event this Lease is terminated by forfeiture, surrender, or the expiration <br />of'its term, and -all obligations of Lessee under this Lease are satisfied; all Lessee's improvements, <br />equipment, • man-made objects of any -type, 'stockpiles and dumps- shall -be removed from the =Leased <br />-Page 8 of 10 <br />