2015-12-07_GENERAL DOCUMENTS - M1973007

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event, however, shall the Royalty amount due Lessor for any Lease Year be less than the Minimum Annual Royalty. (g) Promptly after receipt of the arbitrator's decision, Lessee shall pay the additional amount if any due to Lessor, plus any other amounts due. If the arbiter's finding is that Lessor was overpaid, then a credit shall be granted to Lessee for such amount against future royalties. 10. District Purposes. The Lessor holds the Property for the purposes of the Security Water District, including, without limitation, the use of the Property as a water storage and/or aquifer recharge site. The parties recognize that the mining of the Property is intended to benefit and enhance those purposes once the mining activities are concluded. 11. Water Rights Augmentation. Lessee shall obtain any Water court or administrative approval of a plan for augmentation or substitute water supply plan necessary for the mining operations upon the Property, including, without limitation, the replacement of any evaporative depletion from the exposure of ground water. Lessee shall not have the right to drill any wells upon the Property. 12. Liens. Lessee shall not cause or allow any mechanics or other liens to arise upon the Property as a result of nonpayment for labor or materials related to Lessee's activities on the Property. Should any such lien arise, Lessee shall within 30 days obtain the release of such lien or bond over such lien for the benefit of Lessor. 13. Environmental Issues. Lessor has entered into a April 1, 1990 Test Well License and Land Use Agreement with Schlage Lock, as amended by a November 22, 2002 Amendment to Test Well License and Land Use Agreement("License Agreement"). The License Agreement allows access upon and use of the Property by Schlage Lock for purposes of monitoring and extraction wells and related ground water remediation facilities as part of a corrective measures work plan for remediation of contamination to the area ground water and the Widefield Aquifer, as approved and administered by the Colorado Department of Public Health and Environment ("CDPHE"). Lessee acknowledges having been provided with copies of the License Agreement by Lessor. Eagle Picher Technologies also has a corrective measures work plan approved by CDPHE for the remediation of other contamination to the area ground water and Widefield Aquifer. Lessee shall not impair or interfere with Schlage Lock's rights to the Property under the License Agreement prior to commencing mining operations upon the Property. In order to commence mining operations upon the Property, Lessee shall obtain the written commitment for the benefit of Lessee and Lessor (in a form satisfactory to Lessor) that (1) Schlage Lock consents to the mining operations under the Mining Plan as not interfering with, as being coordinated with, or as being paramount to Schlage Lock's rights under the License Agreement, and (2) CDPHE has agreed that the mining operations upon the Property under the Mining Plan will not impair or impede the ground water corrective measures work plan of Schlage Lock and Eagle Picher 7