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<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 />
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