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-2- <br />d. A11 rights and -privileges of every kind and nature not herein <br />expressly granted. <br />4. TO HAVE AND TO HOLD The above- described premises, with the appurtenances, <br />unto the Lessee and the heirs, assigns, successors or legal representatives of <br />Lessee, from 00 Noon on the 15th day of July _ <br />term of � , 19 85 , for the full <br />years and until 12:00 Noon on the _15t!h_ day of <br />19 9_, as long thereafter as leased materials are being produce in paying <br />quantities from said premises, and 'the royalty and rents provided for herein are <br />being paid, subject to the terms, conditions and agreements herein set forth. <br />5. Compliance with regulations -- Lessee covenants and agrees that during the <br />continuance -of this lease he will fully comply with all of the provisions, terms <br />and conditions of all laws, whether State or Federal, and orders issued <br />thereunder,"Ohich may be in effect during the continuance hereof relating to the <br />operations of Lessee under this lease, and the marketing -of any product thereof, <br />or labor relations in connection with such operations or marketing. <br />6. Royalty -- Lessor reserves as royalty, and Lessee agrees to pay to Lessor <br />on or before the 20th day of each month hereafter, $ 0.90 per ton of 20006, <br />or.�_ 0:405 per cubic yard, or 5 % of the gross sale price at the first <br />point of sale, whichever is greater. <br />It _I?V u'ither prov that if for any reason this lease is extended <br />beyond the primary term of ug years mentioned above t State Board of Land <br />c „r• ,Y <br />Commissivner;•e may at the termination of each and every year ptfrfiod during <br />the life of this lease, fix.ar}d_,determine the, rate of royalty to be paid by th 9 <br />Lessee during the succeeding -year period of the lease. <br />7. Reports - -On or before the 20th day of each and every month during the <br />term of this lease, Lessee shall make a sworn report to the Lessor in which shall <br />be entered and set down the exact amount in tons of all materials removed from <br />,sa•id pr,emiaes•duringIthe•preceding calendar month. Such statements shall clearly <br />set f�or�t, `the'tbhnage "a13 'shown by production ri'ports, and shtl1� also shoo, the use <br />or d ?rsposal -by` he' Lessee lof such materials. <br />8.._ Surrender —_Jhe._LeAsee may at any time surrender and cancel this lease <br />insofar as the same covers all or any portion ,of the lands herein lease3-and be <br />relieved from further obligations or liability hereunder with respect to the <br />lands so surrsr�dered; provided that no partial surrender or cancellation of this <br />-lease shall be for less than contiguous tracts of approximately forty (40) acres <br />or Governmental lot corresponding to a quarter - quarter section; provided further <br />that this surrender clause and the option herein reserved to the Lessee shall <br />cease and become absolutely inoperative immediately and concurrently with the <br />institution of any suit in any court of law by the Lessee, Lessor or any assignee <br />of either to enforce this lease, or any of its terms, express or implied, but in <br />no case shall surrender be effective until Lessee shall have made full provision <br />for protection of the surface rights of the leased premises. <br />9. Assignment- -The Lessee, with the written consent of the Lessor, shall <br />have the right to assign this lease as to the entire leasehold interest of such <br />Lessee in all or part of the lands covered hereby, not less, however, than <br />contiguous tracts of approximately forty (40) acres or Governmental lot <br />corresponding to a quarter- quarter section for any partial assignment, and for <br />approval `of such assignment "the'Lessor may charge an assignment "Yee in an amount <br />currently in effect at the time of 'the assignment. No assiignthent�tlo•f_AuncLiv.ided <br />interests or retention or reservation of overriding royalties will be recognized <br />or approved by Lessor; and the effect, if any, of any such assignments or <br />reservations will be strictly and only as between the par to, and <br />outside the terms of this lease, and no dispute between parti.eess t"ny such <br />assignment or reseivafioii lihiifP'opefat'OP tdr)telieve.'the Lessee from performance of <br />any terms or condit31-ons 'rRg.LCegfSor=to"O8stp%ne the time therefor. Lessor will and <br />shall at, all' t'imes_be entitled "to look solely to the Lessee or his assignee shown <br />on it§'`'ff'ooks as being tiie sole owner hereof, and for the sending of all notices <br />required by this lease and for -the performance of all terms and conditions <br />hereof. If an assignment of a part of this lease is approved, a new lease may be <br />issued to the assignee covering the lands assigned, for the balance of the life <br />of the lease, on the lease form in use by the Board at the time of the <br />assignment, and limited as to term as said lease ivA invited, and the assignor <br />shall be released and discharged from all obligations, and shall be held to,bave <br />released all rights and benefits thereafter accruing with respect to t 0'4Lss ` <br />land, as if the same had never'been a part of the subject matter of thi lel:�, <br />