2013-12-10_PERMIT FILE - M2013080 (6)

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locations when mining commences. The cattle guards will remain in place as until mining activities are completed. The cattle guards will be installed at LESSEE's expense and remain the property of LESSEE. 5. ENVIRONMENTAL CARE OF PREMISES LESSEE shall not bury or cause to be buried any trash or debris on the PREMISES. If the LESSEE should cause hazardous materials to be disposed of on the PREMISES, the LESSEE shall be responsible for cleanup of the contaminated area at LESSEE'S expense, regardless of the time frame which may be required by any governmental authorities supervising the elimination of the contamination, even though such elimination may extend beyond the term of this LEASE. LESSEE shall remove all dirt, sand rock, or other material brought onto the PREMISES when LESSEE has completed its mining operations on the PREMISES. 6.TERMINATION LESSEE may terminate this LEASE before the end of the LEASE term if LESSEE has completed its excavation operations on the PREMISES.LESSEE shall be deemed to have completed LESSEE'S operations when, in LESSEE'S sole discretion, further excavation of MATERIAL would no longer be economically desirable to LESSEE either because of the quantity or quality or location of the remaining deposits of the MATERIAL. 7.PAYMENT FOR MATERIAL LESSEE shall pay or cause to be paid to the LESSOR an amount of Sixty (0.60) cents per ton of MATERIAL removed from the PREMISES. Such payment will be made to the LESSOR or any other person or entity at a time or place as so designated by the LESSOR. Payment from the LESSEE to the LESSOR shall be made by the _10th_ day of the month following removal of the MATERIAL, from the PREMISES. Claims for payment for the MATERIAL made by other parties shall not be the responsibility of the LESSEE. 8. LESSEE ADDITIONAL PREMISES USE LESSEE shall have the right to bring onto thereafter to remove from the PREMISES dirt, rock or other MATERIAL which may be used in the formulation of the final product produced. All tonnages of such product shall be separately accounted for when leaving the PREMISES. No royalty or any other compensation shall be paid by the LESSEE to the LESSOR for dirt, sand, rock or other MATERIAL which may be brought on the PREMISES. The LESSEE may require additional help from other contractors to fulfill aggregate mining requirements. The LESSOR does agree to allow LESSEE - approved contractors to enter and work on the PREMISES. 9.LESSOR USE OF THE PREMISES LESSOR shall have the unrestricted use of the PREMISES for any and all purposes except for the production, stockpiling, processing and shipment of sand, gravel and rock therefrom during the term of this LEASE.