Nearly every mining lease contains a covenant by the lessee for payment of the specified rent and royalties, and sometimes, where the lessee is under an express obligation to refrain from or to do certain acts, a stipulation is inserted for the payment of a penal sum, either fixed in amount or proportionate to the extent to which the obligation is disregarded, as where the lessee is under an obligation to restore the surface at the end of the term to its original condition
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