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Paragraph 5.C. for the month. Lessor shall have the right at all <br />reasonable times during business hours and upon reasonable prior <br />notice to examine such records of the Company at the offices of the <br />Company and to verify the quantities of Material removed and sold, <br />and the accuracy of the scales used to weigh the Materials. <br />3. Weiahmiz of Materials: Commingling. For purpose of calculation of Sales <br />Royalty, quantities of Materials removed from the Property on which Sales <br />Royalty is due will be measured as follows: <br />a. Use of Scales: All materials shall be weighed on a certified scale upon <br />sale and removal from the Property. If materials on which sales <br />royalty is due are mixed with non - excavated materials (for example, in <br />case of mixing sand and gravel with water and Portland Cement in the <br />concrete batch plant), then for purpose of calculating the sales royalty, <br />the weight of the Subject material used in the mixture will be <br />determined using the certified scales at the Property to measure the <br />weight of the materials that comprise the mixture and deducting the <br />weight of the added non- excavated materials, if necessary. <br />b. Scale Adjustments: Accuracy of the scale shall be checked and <br />adjustments made at least as often as required to continue to be certified. <br />Records of the accuracy check and adjustments shall be preserved and <br />made available in the same manner as other records. <br />4. Operations. <br />a_ The Company shall conduct its operations on the Property in a prudent <br />and workmanlike manner and in accordance with good and accepted <br />mining and business practices and in compliance with all applicable <br />federal, state, and local laws, rules and regulations and all applicable <br />permits. The timing, nature, manner and extent of mining operations, <br />processing and sales shall be within the sole discretion of the <br />Company, and the Company shall not be required to mine, preserve or <br />protect in its operations any Materials which, under good mining <br />practices, cannot be mined or sold at a reasonable profit to the <br />Company at the time they are encountered. <br />b. The Company shall have the right to construct, maintain, use roads, <br />power lines, telephone lines, conveyors and stockpile areas and any <br />right of way it deems necessary or desirable for its operations on the <br />Property related to the Company's operations under this Lease. The <br />Company shall have the right during the Term of this Lease and <br />without payment to Lessor to strip and remove overburden and <br />3 <br />Lessor Initial t/ Lessee Initials <br />