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event that such commingling occurs, Energy Fuels shall first perform sufficient monitoring, <br /> sampling and analysis in accordance with Subparagraph 10(f) hereof to support an accurate <br /> determination of the production royalties due Lessor hereunder. <br /> M Weighing, Sampling and Assaying. Weighing, moisture determination, <br /> assaying and sampling shall be performed in accordance with generally accepted industry <br /> practice and methods. Lessor or its duly authorized representative may be present (at Lessor's <br /> sole cost and expense) and shall receive a portion of each sample taken as set forth herein. The <br /> absence of Lessor or its representative shall be deemed a waiver of such right in each instance; <br /> provided, however, Lessor may request a split sample at any time regardless of the presence of <br /> Lessor or its representative. The weight and moisture content of the ore and the sample taken <br /> shall be final, conclusive and binding upon both Energy Fuels and Lessor, unless Lessor files <br /> objection within ninety (90) days after a sample has been provided and in the objection <br /> challenges the results of the sample as determined by Energy Fuels. Any dispute shall be <br /> resolved by arbitration as provided in Paragraph 28 hereof. <br /> 11. Title to Minerals. It is understood and agreed that, subject to the production <br /> royalties granted in Paragraph 9 hereof, Energy Fuels shall have complete and exclusive title to, <br /> possession of, and right to retain, sell or otherwise dispose of, as it may in its sole discretion <br /> desire, the Minerals produced from any of the Subject Properties pursuant to this Agreement. <br /> 12. Tailings and Residue, Subject to the production royalties provided for in <br /> Paragraph 9 hereof,all tailings and other residue resulting from extraction,milling,processing or <br /> other operations upon the Subject Properties shall be the sole and exclusive property of Energy <br /> Fuels, Energy Fuels is responsible for the property reclamation and cleanup work of all <br /> properties subject to this Agreement, including the proper removal or reclamation of all tailings <br /> and other residue. Energy Fuels will indemnify and hold Lessor and all Lessor's successors in <br /> interest harmless from all such reclamation and cleanup work and from all costs associated <br /> therewith. All reclamation and cleanup work shall be completed in accordance with applicable <br /> local, state and federal rules and regulations. This provision shall survive the termination of this <br /> Agreement. <br /> 13. Records, Inspection and Confidentiality. Lessor and its agents, duly authorized in <br /> writing,may enter upon the Subject Properties to inspect the same,during normal business hours <br /> and at such times and upon such notice to Energy Fuels as shall not unreasonably hinder or <br /> 7 <br />