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C. <br /> Page,-2- <br /> Sec. 4. PROTECTION OF OIL SHALE DEPOSITS. (a) Except as average to be determined by modified Fischer_allays. The, <br /> expressly provided in subsections(b),(c),and(d)below,the lessee lessee shall perform any processing or beneficiati(t�pin sugh a <br /> shall not: manner that separates from the leased deposits that i Wntity of r <br /> contained organic matter necessary to limit the%Male oil <br /> (1)utilize process solutions in excess of 300 degrees Fahrenheit for content,if any,to not more than an average of 10 gallons per <br /> in situ solution mining of sodium compounds without the express ton in the material removed from the leased premises. <br /> permission of the authorized officer; <br /> (2)The lessee shall store or dispose of,as determined and <br /> (2)mine,extract,retort,process,use,or dispose of any oil shale,or directed by the authorized officer, residue and/or waste t <br /> organic matter or the products thereof contained in or derived from any materials which have been separated from the leased deposits <br /> such oil shale,situated above or below the Saline Zone in the lands or products thereof during or as a result of mining,extraction, , <br /> described in Sec.2 above; processing, beneficiation, retorting or other operations <br /> conducted under this lease, where the aforesaid storage or <br /> (3)mine,extract,retort,process,use,or dispose of any 25 g.p.t.oil disposal is not otherwise provided for or authorized by Sec. <br /> shale,or organic matter or the products thereof contained in or derived 4(c)or Sec.4(d),Part 1,of this lease. <br /> from any such 25 g.p.t.oil shale,situated in the Saline Zone;or <br /> (3)It is expressly understood that the processed 25 g.p.t.oil <br /> (4) use, remove from the leased premises,or dispose of any oil shale or other processed oil shale and,upon the termination of <br /> shale,or organic matter or the products thereof contained in or derived this lease,any sodium compounds intermingled therewith,shall 1 <br /> from any such oil shale,averaging more than 10 gallons of shale oil remain the sole property of the lessor and shall be subject to <br /> per ton from the Saline Zone, such average to be determined by disposition at any time by the lessor as provided in Sec.7 of E <br /> modified Fischer assays. this lease or as otherwise determined by the authorized officer. <br /> (5)It is expressly understood and agreed that the lessee shall not (d)In the event that retorting or processing of the leased <br /> have any right to, and shall not, bum or otherwise use for fuel or deposits results in the production of any shale oil whatsoever, <br /> energy production purposes any oil shale situated in or under the lands all such shale oil shall be and shall remain the exclusive <br /> described in Sec.2 above. property of the lessor,any provision in this lease to the contrary <br /> notwithstanding,and shall be disposed of by the lessor. <br /> (b)The lessee shall have the right and privilege to: <br /> (1)At lessor's option,and at the direction of the authorized t <br /> (I)mine and extract oil shale or other material located above the officer given within a reasonable time after its production,the <br /> Saline Zone for the sole purpose of emplacing shafts or other entries as lessee shall dispose of such shale oil,if any,on terms that are <br /> are necessary, and are authorized by the authorized officer, to gain just and reasonable and do not require lessee to bear the costs <br /> access to the leased deposits for mining, extraction, and removal of disposing of the shale oil.It is understood that,if lessee is <br /> operations,and required by lessor to store such shale oil, the costs of such <br /> storage shall be initially borne by lessee but the lessor shall <br /> (2)mine,extract,and process by non-retorting methods,which are credit such costs against royalties payable under this lease by <br /> chemical or mechanical and do not require the use of heat,25 g.p.t.oil the lessee as those royalties become due and payable. <br /> shale intermingled with the leased deposits, but only to the extent <br /> necessary for and as an incident to the mining,extraction,processing, (2) Any contract or other agreement entered into by the <br /> beneficiation and removal of the leased deposits,provided that the lessee or its successors in interest for the sale, transfer, or <br /> authorized officer determines there is no significant extraction or disposal of all or part of the leased deposits or the products <br /> removal of 25 g.p.t.oil shale and determines that 25 g.p.t.oil shale is thereof shall specifically provide that the purchaser or <br /> not rendered unfit or significantly lowered in quality for retorting transferee, and its successors in title, neither intends to, nor #, <br /> purposes by such mining,extraction,processing,and beneficiation. shall produce,shale oil therefrom.The lessee shall make no <br /> further sale or transfer of any leased deposit or any products <br /> (c) As required by the terms of this lease or as directed by the thereof to any purchaser,or any of its successors in title,of any <br /> authorized officer,the lessee shall have the right and the duty to store leased deposit or the products thereof who has violated such 4 <br /> and to protect all 25 g.p.t.oil shale which has been mined and all other contractual provision.Moreover,the lessee shall take whatever <br /> oil shale which,after mining,has become 25 g.p.t.oil shale as a result action may be necessary either to recover for the lessor any t <br /> of processing or beneficiation. shale oil so produced in any significant quantity which is then <br /> still in existence or to recover damages which shall be payable <br /> (1)Except as otherwise provided herein or unless otherwise autho- to the lessor if any such significant quantities of shale oil have <br /> rized in writing by the authorized officer, the lessee shall, prior to been produced and are no longer in existence. € <br /> disposition, process or beneticiate any leased deposits in mined <br /> material to extract sodium compounds therefrom where that material PART 11.TERMS AND CONDITIONS i <br /> contains oil shale averaging more than 10 gallons of shale oil per ton <br /> of rock mined, but less than 25 gallons of shale oil per ton, such Sec. 1. (a) RENTAL RATE -Lessee shall pay lessor rental <br />