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2015-09-17_PERMIT FILE - M2006085
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2015-09-17_PERMIT FILE - M2006085
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Last modified
8/24/2016 6:10:49 PM
Creation date
9/17/2015 1:34:21 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M2006085
IBM Index Class Name
PERMIT FILE
Doc Date
9/17/2015
Doc Name
Landowner Lease - Source of Legal
From
Environment, Inc.
To
DRMS
Email Name
AME
WHE
Media Type
D
Archive
No
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discretion that all sand and gravel from the Premises that can be removed in an <br />economically efficient manner has been so removed, or (ii) Lessee gives written notice to <br />Lessor not less than thirty (30) days in advance of the expiration of any applicable term of <br />Lessee's intent to terminate the Lease at the end of such term, then the Lease shall <br />thereupon terminate at the end of the applicable Lease period. <br />7. Production And Sales Information. For each quarter (3 month <br />calendar period) which sand and/or gravel are removed from the Premises and sold, the <br />Lessee shall provide the Lessor with a written report (a "Report") specifying (i) the <br />amount thereof produced and sold on a monthly basis, and (ii) any other information <br />reasonably necessary to calculate the correct amount of Royalties payable monthly for <br />that quarter to the Lessor, all such information to be furnished as soon as the same is <br />reasonably available to the Lessee in the normal course of business, but not later than <br />thirty (30) days following the conclusion of the quarterly reporting period. Upon <br />reasonable notice, and at reasonable times, (but not more frequently than twice in any <br />twelve consecutive month period), the Lessor shall have reasonable access to the Lessee's <br />books and records relating to materials removed from the Premises for which Royalties <br />are due pursuant to this Lease. <br />Lessor shall have the right at its own expense and at a reasonable time (after written <br />notice to Lessee) within thirty (30) days following receipt of a Report, to audit Lessee's <br />books and records directly relevant to the information supporting a particular Report and <br />Lessee's calculation of the Sand and Gravel Royalties. In the event Lessor does not audit <br />Lessee's books and deliver the results thereof to Lessee within said 30 -day period, the <br />Report shall be deemed conclusive and final and Lessor shall have no further right to <br />conduct an audit of any Report previously delivered to Lessor. In the event Lessor's audit <br />reveals that an error has been made either in the calculation of the Sand and Gravel <br />Royalties or in Lessee's Report, then the amount of such adjustment shall be payable by <br />Lessee to Lessor. In the event Lessor's audit reveals an error has been made in Lessee's <br />calculation of the Sand and Gravel Royalties, and Lessee disagrees with the results <br />thereof, Lessee shall then have thirty (30) days to obtain an audit from an accountant of its <br />choice at Lessee's expense to determine the correct calculation of the Sand and Gravel <br />Royalties. In the event Lessee's accountant and Lessor's accountant are unable to <br />reconcile their audits, both accountants shall mutually agree upon a third accountant, <br />whose determination of the Sand and Gravel Royalties shall be conclusive. In the event <br />the amount of error by Lessee is determined by said third accountant to be ten percent <br />(10%) or more, the reasonable costs of the Lessor's audit and the third accountant's audit <br />made pursuant to this subparagraph shall be paid by Lessee. In the event the amount of <br />error by Lessee is determined to be less than ten percent (10%), the reasonable costs of <br />Lessee's audit and the third accountant's audit made pursuant to this subparagraph shall <br />be paid by Lessor. <br />Use Of Premises And Operations By Lessee. <br />a. The Lessor reserves the right to use the surface of the <br />Premises subject to the provisions of Paragraphs 21 and 22, below. Lessor acknowledges <br />that the Premises are being used as a mine site and Lessor shall not, without the express <br />
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