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and culverts necessary to transport water to Its operations, and any relocation of ditches <br />i that is required by the mining operations will be done at the expense of Lessee and ata <br />time to avoid Interruption of irrigation to other portions of Lessor's property not included <br />herein. The parties acknowledge that from time to time It may be necessaryta relocate the <br />"Spring Ditch" which Is the "Geigel Tunnel Ditch & Pipeline and McCarthy Waste Water <br />Ditch & Upper Extension (Applicafiion Water Court 91 CW08B). In the event new pipe is <br />laid or pumps Installed, at the and of the tarmination of the Lease, such property shall <br />remain In place and become the property of Lessor. Any such changes/relocations to <br />either the Basin Ditch or the Spring Ditch shall not be made without notice to, and express <br />! consent from, the Lessor. All such changeslrelocationa, shall be at the sole expense of <br />Lessee. Lessee shelf not make water calls on upstream use without the express <br />permission of Lessor. <br />1$. ASSIGNMENT. <br />a. Lessee shall have the right to assign this Lease to a successor operator <br />only upon prior written approval of Lessor and provided thatsuch sudoessor shall agree to <br />be bound by and comply with any and all of the terms and conditions of this Lease, the <br />i Special Use Permit, the Mined Land Reclamation Permit above described, and any outer <br />I permits that may be required from time to time. Lessee shall also have the right to <br />i sublease hereunder, subject to the same written approval and condition of compliance. <br />b. The sale, transfer, assignment orotherconveyanee or agreement to do so <br />(including, but not limited to any lnvoluritery transfer by reason of the death of Lessee's <br />sharehotder(s) or by bankruptcy of Lessee or judgment or exemMon) (whether legal or <br />equitable) of any of the capital stock of Lessee shall be an assignment of the Lease, which <br />shall require Lessor's approval as stated above. Lessee states that as of the execution df <br />this Lease, William M. Roberts is owner of 100 percent of the issued and outstanding <br />shares of the capital stock of Lessee. <br />o_ Lessor has entered Into this long-term Lease, relying upon the business <br />acumen and honesty of William M. Roberts, and for no other reason. Lessor's approval as <br />stated In paragraphs 16.a or 16.b is discretionary with Lessor, but such consent shall not <br />be unreasonably withheld, conditioned nor delayed, provided, any assignee or sublessee is <br />a reputable and experienced mining• andlor concrete hatch plant operator. <br />d. MINIMUM ROYALTY IN EVENT OF ASSIGNMENT. <br />If Lessee shall assign this Lease as`provided in paragraphs IB.a or 16.b herein, then the <br />successor operator shall pay to Lessor an annual minimum royalty payable in advance of <br />each year of the Lease term regardless of production or activity on the leased premises. <br />Such minimum royalty shall be sufficient to keep and maintain this Lease in full force and <br />effect In the event of non -production or production Insufficient to generate a per -ton royalty <br />equal to the minimum royalty. The minimum royalty shall not be In addition to the per -ton <br />Page 5of5 <br />