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If minerals other than uranium or vanadium are produced from the Subject <br /> Properties, the production royalty paid hereunder will be (40) of net smelter (or <br /> other processing plant)returns, <br /> 10. Settlement. <br /> (a) Dme of Payment. Energy Fuels shall pay to Lessor any and all' <br /> production royalties earned hereunder within thirty (30) days following the end of the month in <br /> which the ore is processed at the mill or other processing facility. <br /> (b) Disputes Regarding Royalties. Lessor shall be deemed to have waived any <br /> right it may have had to object to any royalty payment made by Energy Fuels hereunder unless <br /> Lessor notifies Energy Fuels in writing of such objection within six(6) months after payment of <br /> such disputed royalty. ' <br /> (c) Lesser Interest. Lessor's production royalties shall be based on the whole <br /> undivided interests in and to the Subject Properties,provided that if Lessor owns a lesser interest <br /> in the Subject Properties than the whole undivided interest, then Lessor's share of the royalties <br /> shall be paid only in the proportion of which the Lessor's actual interest or interests bear to the <br /> total and undivided Mineral estate. Notwithstanding any other provisions of this Agreement with <br /> respect to that portion, if any, of the Subject Properties in which Lessor owns no right, title or <br /> interest in some or all of the Minerals, Energy Fuels shall be under no obligation to pay, and <br /> Lessor shall have no right to receive,production royalties of any kind with regard to the Minerals <br /> not owned,except for the haulage and usage royalties described in Paragraph 6 hereof. <br /> (d) Suspension of Payments. Energy Fuels shall have the right to suspend <br /> payments hereunder in the event that any person, firm or corporation (other than Lessor) claims <br /> to be entitled to payment of any amount due and payable under this Agreement. Said suspension <br /> shall not result in termination of this Agreement and shall remain in effect until the claim is <br /> resolved through appropriate legal action. If any person, firm or corporation (other than Lessor) <br /> is entitled to the payment of royalties on the Subject Properties or production therefrom, and if <br /> Energy Fuels is required to pay same, then Energy Fuels may deduct such payments from <br /> payments due Lessor hereunder. <br /> (e) Commingling of the Minerals. Energy Fuels shall have the right to <br /> commingle the ore produced from the Subject Properties with similar ores from other properties <br /> for the purposes of transportation, storage, milling, processing and/or sale or disposition. In the <br /> 6 <br />