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If the Company fails or refuses to pay the royalties as foresaid promptly when due or fails for any reason <br />to perform and fulfill all of the Company's promises and covenants herein stated, then it shall be lawful <br />for Owner, their agent or attorney, to declare this Lease terminated and of no effect thereafter, and also <br />at the expiration of this Lease, the Company agrees to surrender and deliver to Owner quiet and <br />peaceable possession of said property, and upon failing to do so, the Company shall be deemed guilty of <br />forcible detainer under the applicable statutes. The Company is responsible to surrender property in <br />good repair and in a reclaimed condition in accordance with the reclamation plan issued to the <br />Company by the State of Colorado. <br />The Company agrees to provide liability insurance and shall be responsible for all of its operations <br />related to mining of the property. The Company shall bear all of the expenses of such mining operation <br />and it shall indemnify, hold harmless and defend the Owner from any liability for such costs and shall <br />not permit or suffer the attachment of any lien of the Company and its employees or subcontractors <br />related to operations on the property. <br />The terms hereof shall be binding upon and insure to the benefit of the heirs, executors, administrators <br />and assigns of the respective parties hereto. <br />The Owner hereby warrants that they have good title to the above described premises, that they have <br />lawful right to grant the option and that they agree to hold the Company harmless. <br />The Company shall operate within the guidelines listed in the reclamation permit issued from the State <br />of Colorado and the Special Use permit issued by Montrose County for the permitted area listed above. <br />The Company will be responsible for stripping of overburden, mining and reclaiming of the disturbed <br />areas caused by the Company's operations. The Company will reclaim its mining operations as it <br />proceeds into new phases of the permitted area. The Company assumes owner will allow company to <br />have access to necessary irrigation water for dust control for its processing operations and haul road <br />maintenance. <br />The Company shall meet with the Owners in January to discuss operations for the year and work with <br />the Owners to plan use for the areas not being mined. <br />The Company shall be responsible for maintaining the Owner's property using its standards for dust, <br />noise, storm water management and weed control to the highest quality that the Company can <br />perform. <br />