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(3) For gravel and hard rock that is crushed and screened, <br />$ per ton. <br />B. Lessee shall keep and maintain adequate and accurate records of the <br />quantities of Materials mined and sold. The royalty payments shall be accompanied by a <br />quarterly statement with the royalty calculation that includes an accounting of the tons of <br />Materials sold for each calendar quarter out of Materials mined from the Leased Property <br />for such calendar quarter. Lessor shall have the right at all reasonable times during normal <br />business hours and upon reasonable prior notice to examine such records of Lessee at the <br />offices of Lessee and to verify the quantities of Materials mined, removed, and sold and <br />the accuracy of the scales used to weigh the Materials. <br />4. Quarterly Payments. Payments to be made by Lessee to Lessor shall be paid <br />to Lessor at the Lessor's address set forth in Section 15 hereafter within thirty (30) days <br />following the end of each calendar quarter (i.e., 30 days following March 31, June 30, <br />September 30 and December 31). <br />5. Operations. <br />A. Lessee shall conduct its operations on the Leased Property in a <br />prudent and workmanlike manner and in accordance with good and accepted mining and <br />business practices and in compliance with all applicable federal, state and local laws, rules <br />and regulations. The timing, nature, manner and extent of mining operations, processing <br />and sales shall be within the sole discretion of Lessee, and Lessee shall not be required to <br />mine, preserve or protect in its operations any Materials which, under good mining <br />practices, cannot be mined or sold at a reasonable profit to Lessee at the time they are <br />extracted. <br />B. Lessee shall have the right to construct, maintain, and use roads, pipe <br />lines, power lines, telephone lines, and stockpile areas and any rights -of -way it deems <br />necessary or desirable for its operations on the Leased Property related to Lessee's <br />operations under this Lease. Lessee shall have the right during the Term of this Lease and <br />without payment to Lessor (except for Production Royalty payable pursuant to Section 3 <br />above) to strip, remove and sell overburden and otherwise to use and occupy the Leased <br />Property as is reasonably required in connection with mining, quarrying, extracting, <br />processing, storage, transportation, sale and removal of Materials from the Leased <br />Property. Lessee will relocate, as necessary, any utility or service lines within the mining <br />boundary. <br />C. Lessee shall consult with Lessor with respect to all permit <br />applications, plans and designs of Lessee; provided, however, that all final decisions on <br />mine plans, operations, reclamation, permits and other plans of operations shall be in <br />Lessee's sole discretion and control, subject to the agreements regarding reclamation set <br />forth in Section 12 below. <br />(12/06/13) <br />2 <br />