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f conditions thereof shall be incorporated Into this Lease and Lessee shall comply with all <br />' provisions thereof. In the event such additional Special Use Permit•is not granted for any <br />reason, this Lease shall continue In full force and effect for those portions of the Blue Pit <br />contained in the original above referenced Special Use Perrnit. <br />4. ROYALTY PAYMENTS. <br />a. PRICE PER TON. Qurtnajhe first r of the lease, Lessee agrees to <br />pay to Lessor as royalty 11he sum of per ton for each and every ton of <br />sand, gravel, topsoil, dirt, and related products removed from the leased premises. <br />b. ADJUSTMENT OF ROYALTY. The per -ton royalty for each ofthe years <br />after the first year shall be the royally for the Immediately preceding year multiplied by a <br />Imefion, the numerator of whlch shall be the Index FIgure (as defined below) for the <br />In mediately preceding calendar year, and the denominator of which shall be the Index <br />Figure for the calendar year one year prior thereto. <br />c. INDEX FIGURE. The term "Index Figure" means the consumer price <br />Index designated U.S. City Average - All Urban Consumers, as published by the U.S. <br />Department of Labors Bureau of Statistics, or any official replacement thereof. <br />d. ACCOUNTING. All material removed shall be welghed. Lessee agrees to <br />keep accurate books of account (including weight flckets) showing the operations and <br />Partloularly the amount of material removed, and to perm€t representatives of Lessor to <br />examine such books of account at reasonable times during business hours. <br />S. RECLAMATION. Lessee agrees to keep, hold and stockpile sufficient dirt and <br />topsoil to perforin the reclamation acivliies required under Mined [and Reclamation Penni# <br />No. MA 981-207, as amended, and, In particular, replace 2.5 feet of topsoil free of rock on <br />levelareas. <br />6. FACILITIES. Lessee shall have the right to erect buildings, shops, scales, and <br />WHY lines as needed for its operation. Lessee may Install, maintain, and replace any and <br />all machinery, equipMent, tools and facilities, which it may reasonably desire for the use to <br />connection with Its operations on the leased premises. Lessee shall pay in full for all labor <br />Performed upon or material fumishod to the leased premises at the Instance or request of <br />the Lessee. and shall keep the whole thereof free and clear of any and all liens of <br />mechanics or materlaltnen. Attire end of the Lease term Lessee shall have the righrtto all <br />property It has previously installed on the premises and shall remove all such property, <br />Including but not limited to buildings, shops, scales and utility lines, from the leased <br />property described In EXHIBIT A at Lessee's sole cost and expense; provided however, <br />with regard to the maintenance building constructed as a result of the oral contract <br />between Lessee and Lessor on or about April 5, 11993, at the end of the Lease term, <br />Lessor shall have the option to: require Lessee to remove the building from the leased <br />w Page 2 of 2 <br />