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1. Lessee's continuing operation under the terms of this Lease shall take precedence <br />of Lessor's goal of utilizing the reclaimed land for other purposes. <br />2. Lessee agrees to complete reclamation of portions of the leased premises in excess <br />of the acreage Lessee deems reasonable necessary to retain for its continuing operation within <br />one hundred and twenty (120) days after said land is economically exhausted of gravel. Within <br />ten (10) days after completion of reclamation, Lessee agrees to execute a partial release releasing <br />said parcel from this Lease, subject, however, to any reservation of easements Lessee deems <br />necessary to its continuing operation hereunder. <br />3. Lessor agrees to utilize any land released hereunder in a manner compatible with <br />Lessee's continued mining of the remainder or the leased premises. <br />4. Lessor shall not re -zone said land to any designation other than light industrial <br />unless and until a distance of one-half ('A) mile exists between the land to be rezoned and the <br />area then being mined by Lessee. <br />XIV. TRANSFER OF MINING PERMIT <br />Lessor is the current permittee for the Mining Permit attached as Exhibit B. Lessor <br />agrees to transfer the Mining Permit to Lessee, at Lessee's expense. The parties shall cooperate <br />to obtain the transfer of the Mining Permit and for the substitution of Lessee's obligations for <br />any and all obligations by Lessor pursuant to the Mining Permit, including bonds. <br />XV. RIGHTS TO ADDITIONAL MINERALS <br />If any minerals as distinguished from sand, gravel, rock or dirt shall be found on the <br />leased premises, the same shall belong to Lessor, provided, however, Lessee shall have first right <br />and option to mine the same under such terms and conditions as the parties may then agree upon. <br />XVI. EFFECT OF AGREEMENT <br />This agreement shall inure to the benefit of, and shall be binding on, the heirs, legal <br />representatives, successors, and assigns of the parties. Lessee shall have the right to assign <br />and/or sublet its interests and obligations under the terms of this Lease to third parties only if <br />Lessor consents to said assignment or sublease. <br />XVII. MEMORANDUM OF LEASE <br />7 <br />